JUDGEMENT
Pushpendra Singh Bhati, J. -
(1.) These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clauses are being taken from the leading case being S.B. Civil Writ Petition No.14183/2017.
(2.) Petitioner has preferred this writ petition with the following prayer :-
"1. The record of the case may kindly be called for :
2. The impugned order dated 27.10.2017 may kindly be quashed and set aside.
3. The respondents may be directed not to discontinue the service of the petitioner from the post of Prabodhak.
4. The writ petition may kindly be allowed and the petitioner may be held entitled for all consequential benefits.
5. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
(3.) The broader consideration is regarding the post of Prabodhak in the Udaipur District. The petitioner was given appointment on the post of Prabodhak. The petitioner underwent the process of selection in accordance with Panchayati Raj Prabodhak Service Rules, 2008 (hereinafter referred to 'Rule 2008') and after undergoing the same, the appointment were given to the petitioner. At this stage, the appointment of the petitioner is being terminated by the respondents vide order dated 27.10.2017 which is under challenged. For brevity, the facts of leading case (S.B. Civil Writ Petition No.14183/2017) are taken into account wherein the petitioner was appointed on 29.09.2008. The petitioner was having the necessary qualification and was eligible for such appointment in accordance with Rules of 2008. The petitioner thereafter underwent the probation period of two year and was thereafter regularized and confirmed on the post of Prabodhak. The relevant portion of the Prabodhak Rules is reads as follows :-
"Section 2 Definition :
(a) "Appointing Authority" means the Additional Chief Executive Officer-cum-District Education Officer (Elementary Education) of concerned District or Authority to whom powers in this behalf may be delegated by the Government by a special or general order and subject to such conditions as it may deem fit.
(f) "Member of the service" means a person appointed to a post in the service on the basis of regular selection under the provisions of these rules.
(j) "Substantive Appointment" means an appointment made under the provisions of these rules to a substantive post after due selection by any of the methods of recruitment prescribed under these rules and includes on appointment on probation or as to probationary period.
Section 20 Constitution of Committee :
Direct recrujitment to the post of Prabodhak shall be made by the Committee at District level Consisting of the following, namely :
1. Chief Executive : Chairman Officer.
2. Additional Chief : Member Secretary Executive Officer-cum-District Education Officer (Elementary Education)
3. Addl. District : Member
Education Officer / Member
Addl. District Education
Officer -cum-Senior Deputy
District Education Officer.
38. Regulations of pay, leaves, allowances, contributory pension etc. Except as provided in these rules, the pay, allowances, contributory pension, leave and other conditions of service of the member of the Service, shall be regulated by -
(i) The Rajasthan Service Rules, 1951, as amended from time to time.
(ii) The Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, as amended from time to time,
(iii) The Rajasthan Travelling Allowance Rules, 1971, as amended from time to time.
(iv) The Rajasthan Civil Services (Revise Pay Scales) Rules, 1998, as amended from time to time
(v) The Rajasthan Civil Services (Contributory Pension) Rules, as amended from time to time.
(vi) The Rajasthan Civil Services (Conduct) Rules, 1971, as amended from time to time. "
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