SBCWP1647/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.1647/2010 Mohan Lal Beniwal Vs. Jagadguru Ramanandacharya Rajasthan Sanskrit University, Village Madau Post Bhankrota, Jaipur and Others Date of Order ::: 07.04.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Inderjeet Singh, Counsel for petitioner Shri M.C. Gupta, Counsel for respondents #### By the Court:- Petitioner Mohan Lal Beniwal has filed this writ petition challenging the notice/order dated 21.01.2010 by which his services were sought to be dispensed with. Contention of Shri Inderjeet Singh, learned counsel for petitioner, is that petitioner was engaged on adhoc/temporary basis by order dated 08.01.2008 on the post of Junior Engineer (Civil) and respondents have a large building for maintenance for which service of Junior Engineer is required. Petitioner was initially appointed in pay scale of Rs.5000-8000 at fixed rate of Rs.4950/-; subsequently that salary was revised by order dated 17.10.2008 and he started being paid a sum of Rs.6950/- from SBCWP1647/2010 // 2 // 31.08.2008 and Rs.10,000/- from 01.09.2008. A regular post of Junior Engineer (Civil) has also been sanctioned by Government vide its order dated 30.06.2005 in pay scale of Rs.6500-10500 for maintenance of building. Learned counsel submitted that respondents also sought to dispense with services of various other LDC-cum-Computer- Operators, but subsequently when Government sanctioned the post, their services were continued under the court's order. Shri M.C. Gupta, learned counsel for respondents, opposed writ petition and submitted that petitioner has no right to be continued in the post because he was merely engaged on contract basis. A copy of contractual appointment is on record as Annexure-2. It is contended that originally when post was created by Government, it was created only for being filled in on the basis of deputation. Learned counsel in this connection invited attention of this Court to order dated 25.05.2005 issued by Deputy Secretary to the Government in its Education Department (Group-VI). The post was meant to be filled in by deputationist and petitioner was engaged only because no deputationist was immediately available. It was kept purposely for deputationist because SBCWP1647/2010 // 3 // respondents are running College in private building and since it was not a government building therefore no regular Junior Engineer (Civil) was necessary to be engaged. Having regard to facts of case, present writ petition is disposed of with direction to respondents to continue petitioner in service till availability of deputationist or regularly selected candidates. In the event of availability of Junior Engineer from either of the streams, petitioner will have to give way to such appointee because petitioner's appointment was made only on adhoc/temporary basis and it was only a contractual appointment and therefore he cannot insist on his continuation forever. Respondents would however be at liberty to initiate process for regular selection or procuring service of deputationist. Writ Petition accordingly stands disposed of. (Mohammad Rafiq) J. //Jaiman//