Pushpendra Singh Bhati, J. - (1.) The petitioners have preferred this writ petition for the following reliefs :- "a) by an appropriate writ, order or direction, the respondents may kindly be restrained from filling up the post of Warden/ Co-Warden in the government residential school (boys), Soorsagar, Jodhpur by bringing the teachers on deputation basis. b) by an appropriate writ, order or direction, the respondents may kindly be directed to not to disturb services of the petitioners till the Scheme of Sarva Shiksha Abhiyan of running the government residential school for boys continues and/or till regular appointment on all sanctioned posts in the State of Rajasthan is made and/or the office order dated 28.7.2017 (Annex.4) may be quashed and set aside. c) 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. d) Writ petition filed by the petitioner may kindly be allowed with costs."
(2.) The petitioners no.1 & 2 are rendering services on the post of Warden cum Teacher/Co-warden cum Teacher in government residential school since 2012 and 2015 respectively. The respondents are seeking to replace them by deputationist. Counsel for the petitioner pointed out that contractual employee ought not to be replaced by deputationist employee. Counsel for the petitioner submits that Government Residential School (boys) is being run under Sarva Shiksha Abhiyan for the last so many years. Order terminating services was orally given to the petitioners w.e.f. 29.7.2017.
(3.) This Court on 01.8.2017 while issuing notices passed following order : "Issue notice. Issue notice of stay application also. Notices be made returnable on 19.08.2017. The notices for respondents no.2 to 7 be served upon Mr. P.R. Singh, Additional Advocate General. List this case for orders on stay application on 19.08.2017. Till then, the petitioners' engagement as Warden cum Teacher /Co-warden-cum teacher shall not be brought to an end";