1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.367/99 Balveer Singh vs. JDA & Anr. S.B. CIVIL WRIT PETITION NO.2007/2000 Mahendra Kumar vs. JDA & Anr. Date of order : 28/1/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri R.C. Joshi for the petitioner. Ms. Shweta Pareek for the respondent no.1. Shri S.S. Mehla for the respondent no.2. ****** Heard learned counsel for the parties. Both the writ petitions were filed by the petitioners way back in the year 1999 and 2000 respectively with the prayer that the respondent-Jaipur Development Authority be directed to screen the candidatures of petitioners for the post of Data Entry Operator in their Computer Cell and grant them regular scale of Rs.4000-6000 from the date of filing of the writ petitions. Contention of the learned counsel for the petitioners is that even though they were actually discharging the duties for JDA, but were engaged through contractors. Petitioner Balveer Singh was initially engaged for a period of one year as Data Entry Operator in Advance Micro Systems, 2 Jaipur from June, 1993 to July, 1994, to whom the contract was awarded by the JDA. His second term for appointment was from July, 1994 to January, 1995 through Modern Detective Agency and third term was from February, 1995 to June, 1997 through Mossad Security Services. Petitioner Mahendra Kumar was appointed from April, 1995 to June, 1997 in JDA through Mossad Security Services. It was thereafter that both of them were engaged through Rajasthan State Agency from July, 1997 onwards till they were continued in service upto 31.8.2000. Learned counsel submitted that the contract entered into by JDA with various agencies was only sham and was made to deprive the petitioners of their right to appointment on substantive basis against duly recruited posts. The recruitment under the JDA is governed by the Rules and that their existed a relationship of master and servant between JDA and the petitioners and the intermediaries by various names of contractors was only farce. It was contended that lastly the petitioners were engaged through Rajasthan Ex-servicemen Welfare Cooperative Society. It is therefore 3 prayed that the JDA be directed to screen the candidature of the petitioners for the post of Data Entry Operator and grant them appointment from the date of filing of the writ petitions. Ms. Shweta Pareek, learned counsel for the respondents invited attention of the Court towards various documents, which have been produced by the petitioners to show that contract was primarily awarded to different agencies and the petitioners were engaged through such agencies and not directly by JDA. It was submitted that there did not exist relationship of master and servant between the petitioners and the JDA and in any case the petitioners are no longer engaged with the respondents since 31.8.2000, till they lastly worked. Having heard the learned counsel for the parties and perused the material on record, I find that there is enough material on record to show that petitioners were engaged through various agencies to whom the contract was awarded by the JDA and every now and then petitioners accepted such engagement through the agencies. The 4 petitioners lastly worked with the JDA upto 31.8.2000 and their engagement came to expire on that date even through any of these agencies. The writ petition has remained pending thereafter for almost a decade. The petitioners did not take any steps to challenge their termination or discontinuation of service. Even if this was the argument of learned counsel for the petitioners that the engagement through various agencies on contract basis was sham, it cannot now be examined because the petitioners on their own showing are not serving with the respondents now. The direction which has been prayed to call for the respondents to screen the candidatures of the petitioners for the post of Data Entry Operation, therefore, cannot be issued in the circumstances. I do not find any merit in these writ petitions, which are dismissed accordingly. (MOHAMMAD RAFIQ), J. RS/