JUDGEMENT
PARIHAR, J. -
(1.) SINCE on similar set of facts, same relief has been claimed, all the above writ petitions have been heard together and are being decided by this common order.
(2.) ADMITTEDLY, the petitioners had been appointed on the post of Coach in different games and sports on contract basis for a fixed term. Apart from claiming regularization, the petitioners have also prayed for regular pay scale for the post of Coach alleging that they have been given appointment after due selection. In view of interim order passed by this Court the petitioners are continuing on the posts in question even after expiry of period of contract.
The respondents, in their reply, have disputed the facts as submitted by the petitioners. It has been contended that there have never been regular selections from open market and petitioners also joined the services fully knowing the terms and conditions of contract. As such, the prayers made by the petitioners cannot be accepted by this Court under writ jurisdiction.
Mr. G. S. Gill, learned Additional Advocate General appearing on behalf of the respondents, however, has submitted that earlier there has been no Service Rules for the employees of the Rajasthan Sports Council. Now the Rules have been duly framed by the council and the same have already been sent to the State Government for approval. As soon as the approval is granted by the State Government, the Rules been made applicable, the regular recruitment/appointment shall also be made accordingly.
There is no dispute that Rajasthan Sports Council governs all sports and games activities throughout the State. Number of employees are also engaged not only at the district level but also at the State level. The coaches in different games and sports are also engaged accordingly. In absence of definite Rules and Regulations for governing the service conditions of he employees of the Sports Council the discretion had been used by the governing body of the Council. This certainly created lot of heart burning among the employees as also confusion in the minds of the genuine sportsmen. There cannot be any dispute that the State has produced many sportsmen who earned fame and recognition not only at the national level but internationally as well.
Having considered entire facts and circumstances as also the submissions made by counsel for the parties, in the larger interest of sports and games activities in the State, to encourage not only the sportsmen but also the Coaches and authorities regulating such activities, it will be just and proper for the State Government to approve the Service rules for the employees of the Sports Council which governs the sports activities throughout the State of Rajasthan with whatever amendments/modifications they think proper at the earliest. After framing of Rules, it is also expected from the authorities concerned to make appointments on the different posts encadered under the Rules so as to remove the grievances of not only the temporary/contractual appointees, but also other employees and the sportsmen at large.
(3.) ACCORDINGLY, the writ petitions are allowed. The respondents are directed to approve and implement the Rules so framed for the employees of the Rajasthan Sports Council as early as possible preferably within three months and further make regular recruitment on the post encadered under the Rules within four months thereafter from the date of receipt of certified copy of this order. It is also expected from the authorities concerned to give age relaxation to the petitioners and other similarly situated persons if required for recruitment first time to be made under the Rules. Though it is discretion of the recruitment/selection body to lay down criteria for selection for different posts, however, there may be some weightage to the experience of the persons like the petitioners who are working for last so many years, may be on contractual basis and under interim orders passed by this Court. With all hope and trust, it is expected from the respondents to earnestly comply with the directions issued above at the earliest. Till any fresh recruitment is they are working and employed on the same terms and conditions they were appointed. .;
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