In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.12095/2010 Vikram Singh Vs. State of Raj. & Ors. Date of Order :: 20/09/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Vikram Singh, petitioner present in person. Petitioner appeared in person and submits that on being appointed under the scheme as Vidhyarthi Mitra on the post of School Lecturer (Political Science) on a fixed remuneration of Rs.4000/- he joined service on 17.7.2008 and continuously worked upto July,2010 but thereafter he was not permitted to work, in absence whereof his monthly salary has not been paid to him. Petitioner submits that the controversy involved in the instant petition has been finally decided before the Main Seat at Jodhpur in S.B. Civil Writ Petition No.8966/2009 (Prahalad Kumar Sharma Vs. State of Rajasthan & Ors.) decided on 22.7.2010 with the following observations :- 6. In view of aforesaid, these writ petitions are also disposed of in view of earlier decision of this Court by Single Bench as well as Division Bench and aforesaid quoted decisions of the State Government vide letter dtd.4.6.2010 and 26.6.2010 and the respondents shall continue the contract of employment of present Vidhyarthi Mitras- petitioners who have worked for Academic Session 2009-2010 till the end of Academic Session 2010-2011 and shall also consider the case of present petitioners Vidhyarthi Mitras for transfer and absorption under the Rationalisation and Equalisation Policy also in other Blocks/Tehsil and Districts as requested by the Director, Elementary Education, Bikaner vide letter dtd.26.6.2010 to the Principal Secretary, School and Sanskrit Education, Jaipur vide Annex.4 dtd.26.6.2010. The decision shall not confer any right on the petitioners Vidhyarthi Mitras to continue in said position after the end of Academic Session 2010-2011 unless State Government itself takes a decision otherwise in this regard.
7. These directions will apply to the present petitioners and all other similarly situated Vidhyarthi Mitras who have worked for Academic Session 2009-2010, even if they have not approached this Court by way of a writ petition and the respondents will be bound to give similar treatment to all other similarly situated person without requiring them to approach this Court by way of fresh writ petition.
8. Those Vidhyarthi Mitras who worked for the Academic Session 2008-2009 or prior to that but did not work as such for the Academic Session 2009-2010, are not entitled to the aforesaid relief as such. However, if such Vidhyarthi Mitras make any representation and vacancies are still available with the State Government for Academic Session 2010-2011, their cases may be considered for reemployment. If however, it is not found appropriate to re-employ such Vidhyarthi Mitras,the Principal Secretary may pass one common order for such Vidhyarthi Mitras employed for Academic Session 2008-2009 or prior to that and it will not be necessary for all respective District Education Officers or any other authority to pass separate orders on such representations.
Since the controversy in regard to Vidhyarthi Mitra has been finally resolved by this Court, no purpose is going to serve to call upon the State Government and the petitioner will be at liberty to file a representation in the light of the judgment of this Court referred to supra to the concerned/competent authority within a period of one month from today and it is expected from the authority to decide the same in the light of the judgment (supra) by a speaking order within two months thereafter resolving the dispute which has been raised by the petitioner in the instant petition and decision may also be communicated to the petitioner who if still feels aggrieved will be at liberty to avail remedy under law.
With these directions, the petition stands disposed off.
(Ajay Rastogi), J.
VS Shekhawat/-p.4
12095cw10Sep20FnlDsps.doc