DEEPAK KUMAR AND ORS. Vs. BOARD OF SECONDARY EDUCATION RAJASTHAN AND ORS.
LAWS(RAJ)-2015-2-32
HIGH COURT OF RAJASTHAN
Decided on February 03,2015

Deepak Kumar And Ors. Appellant
VERSUS
Board Of Secondary Education Rajasthan And Ors. Respondents

JUDGEMENT

Bela M. Trivedi, J. - (1.) ALL the matters involved the similar issues and hence were heard together and are being decided simultaneously by this common order.
(2.) THE matters have come up for consideration on the applications filed by the respondents under Article 226(3) of the Constitution of India, seeking vacation of the ex parte interim orders, whereby the Court had directed that the respondents shall pay to the petitioners same remuneration, which was being paid to him prior to passing of the order dated 4/10/2013 and may not replace him by another contractual employees either directly or through any other placement agency. In all four petitions, the respective petitioners have sought direction against the respondents to pay Rs. 8,000/ - per month towards pay/remuneration as per the circular dated 1/5/2014, and for quashing and set aside the impugned order dated 4/10/2013, and for regularising the services of the petitioners on the post of Computer Operator.
(3.) FOR the sake of convenience, the facts of the writ petition being No. 11726 of 2014 are taken into consideration. It is alleged by the petitioner inter -alia that the State Government had sanctioned the post of Computer Operator, on which the respondents had hired the services of the petitioner on contractual basis on the payment of Rs. 6,000/ - per month, vide the order dated 28/9/2010. Accordingly the agreement dated 1/10/2010 was executed, which is on record at Annexure -2. It is further case of the petitioner that the said contract was initially for six months, however same was extended from time to time. It appears that on the basis of the order dated 30/9/2013 passed by the Secretary, State Government, the services of all the Computer Operators working on contractual basis were terminated with effect from 30/9/2013. The said order is produced on record at Annexure -6. It is further case of the petitioner that though the services of the petitioner on contractual basis were terminated, he was working through placement agency with the respondent's Board and that as per the Circular dated 1/5/2014 (Annex. 11), the petitioner was entitled to the revised charges of Rs. 8,000/ - per month in place of Rs. 6000/ - per month. It is also the case of the petitioner that till the regular recruitment on the post of Computer Operators is made, the services of the petitioner should be continued or otherwise regularized.;


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