VIKRAM SISODIA S/O SHRI PREM PRAKASH Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2017-2-226
HIGH COURT OF RAJASTHAN
Decided on February 15,2017

Vikram Sisodia S/O Shri Prem Prakash Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

SANJEEV PRAKASH SHARMA,J. - (1.) The petitioners, who were working as Ward-boy/Sweeper, it is contention of learned counsel for the petitioners that they have been working on contract basis and were performing duties of the said post for the entire day, however, by order dated 31st January 2014 their services have been dispensed with on the ground that cleaning arrangement has been given on contract to some other persons by opening tender on 31.01.2014. Learned counsel for the petitioner further submits that other persons, namely Rajesh Java and Vishesh Java, were allowed to continue while the petitioners have been denied said benefit. It is submitted that they could not have been replaced by another set of contractual employees as held in the case of Mooli Devi Choudhary v. State of Rajasthan - 2010 (4) WLC 334 .
(2.) Learned counsel for the respondents submits that the contract of the petitioners had ended and thereafter contract had been awarded to someone else and so far as petitioners are concerned, both were working as part-time Sweepers, they had been appointed on different dates and in view thereof, they could not have filed joint writ petition. It is further submitted that no right is created in their favour as they were part-time employees.
(3.) A look at the impugned order dated 31st January 2014 shows that the petitioners have been treated as ward-boy/sweeper by the respondents themselves. Not only this, there is no mention they were being part-time employees. No reasons have come forward as to why only two persons' services were dispensed with while others were allowed to continue. No reasons have come forward as to why merely because some other cleaning arrangement has been done on contract, services of the petitioners were required to be dispensed with.;


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