- (1.) The instant writ petition has been filed by the petitioner for seeking direction to the respondents to allow him to serve in the office of the Special Public Prosecutor, Bhilwara and farther prayed that respondents may kindly be directed to pay regular salary directly not through the placement agency. As per the facts of the case, the petitioner was engaged on the post of Stenographer on contract basis through placement agency Trig Ex-servicemen Welfare Co-operative Society Ltd. and he was given posting in the office of Addl. Public Prosecutor, Bhilwara vide order dated 31.1.2012. The petitioner was allowed to work continuously on the said post but all of sudden, the State Government issued an order dated 28.4.2014 by which the services of all those employees who were engaged through placement agency under the control of Department of Law and Justice were extended upto 30.6.2014 and it was made clear that they remain in service upto 30.6.2014 or till regular appointments are made. The petitioner has annexed the said order with the writ petition as annex. 6.
(2.) The petitioner present in person submit that till today no regular selection took place for appointment on the post of Stenographer, so also, the post in question is still in existence, therefore, the impugned order dated 28.4.2014 extending his service tenure upto to 30.6.2014 is not sustainable in law. Therefore, it is prayed that order may be quashed and respondents may kindly be directed to allow the petitioner to work on the post in question till regularly selected candidates are made available.
(3.) Mr. Madan Lal, Officer In-charge present in person for the respondents submit that appointment of the petitioner was not in accordance with the Rules. The appointment was made through the placement agency known as Trig Ex-servicemen Welfare Cooperative Society Ltd., therefore, there is no relationship of master and servant in between the State Government and the petitioner. It is also submitted by Mr. Madan Lal that at Government level a decision was taken for engaging employees on contractual basis whereby the State Government took decision that the department may engage retired employees as per laid down procedure/relevant rules on DOP rates against vacant post, as per the actual requirement for a period of 6 months or till regular appointment is made, whichever is earlier subject to further provision that if retired persons are not available present contractual arrangement of job contact through placement agency for 23 stenographs, 13 LDC and 32 Class-IV services may be taken. Meaning thereby, the Law Department took decision to engage the petitioner through placement agency, therefore, there is no illegality in the decision taken by the State Government. Mr. Madan Lal vehemently argued that no case is made out for interference because petitioner was appointed through placement agency and there is no relationship of master and servant in between the petitioner and the Law Department, therefore, this writ petition maybe dismissed.;