Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by petitioner Babulal Gurjar aggrieved by the action of the respondents in replacing him by another set of contractual employees on the post of Chowkidar as petitioner was suddenly stopped to work on 30/06/2010 without any reason or rhyme by the respondents.
(2.) LEARNED counsel for the petitioner has referred to the order dated 12/07/2010 (Ann. 3) by which respondent No. 5 -Shri Ram Sahay Gurjar has been appointed as Chowkidar. Petitioner submitted representation to the respondents and also served upon them legal notice for demand of justice dated 20/8/2011 (Ann. 4). Learned counsel for the petitioner cited the judgment of this court dated 8/2/2011 passed by the co -ordinate bench of this Court in Smt. Pramila Devi & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 8365/2010. He has also placed reliance upon the judgment of this court in Smt. Mooli Devi v. State of Rajasthan & Ors. : : 2010 (4) W.L.C. (Raj.) 334 in which this Court held that one set of contractual employees cannot be replaced by another set of contractual employees. Shri Rajneesh Gupta, learned counsel for respondents No. 2 and 3 has opposed the writ petition and submitted that petitioner has left his job on his own on 26/10/2010 and he has started the business of general merchant in the name and style of Krishna General Store. Petitioner has wrongly stated that he has been making representations to the respondents. The notice for demand of justice was duly replied by the respondents.
(3.) SHRI V.K. Jain, learned counsel appearing for respondent No. 5 has opposed the writ petition and submitted that respondent No. 5 has joined as Chowkidar and is working since 2010 and he was not appointed in place of petitioner and through placement agency. Respondent No. 5 was eligible and therefore he was appointed as Chowkidar on 12/07/2010.;