1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5375/2010 Sarita vs. State & Ors. Date of order : 19/4/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri R.D.S. Naruka for the petitioner. ****** Contention of the learned counsel for the petitioner is that petitioner was initially selected for appointment on the post of Gram Rojgar Sahayak and was appointed on contract basis vide order dated 30.9.09. However, in the meantime, she was also granted admission in B.Ed. course as per the result of PTET declared by Jainarayan Vyas University and Sarpanch of the Gram Panchayat Tihawali vide order dated 22.10.2009 allowed the petitioner to undergo the study/training course of B.Ed. and relieved her to resume her duties again after completion of that course. The Additional District Programme Coordinator by notification dated 5.4.2010 advertised the post held by the petitioner in Gram Panchayat Tihawali for fresh appointment. Appointment of the petitioner was made on contract basis by order of the Additional 2 District Programme Coordinator i.e. Chief Executive Officer, Zila Parishad, Sikar. The Sarpanch of the Gram Panchayat had no authority to relieve the petitioner to undergo study course of B.Ed. with understanding that she will resume the duties after completion of the B.Ed. course. Regular rules of grant of study leave may not be applicable to contractual employees like the petitioner. If the respondents are seeking to take fresh steps for filling up the vacancy of the post of Gram Rojgar Sahayak at Village Tihawali, that was on account of own action of the petitioner in abstaining herself from discharging the duties. No interference can be made in the matter. However, it would be open to the petitioner to represent before the District Programme Coordinator i.e. District Collector, Sikar for allowing her to resume her duties now immediately, who in the facts and circumstances of the case in his discretion keeping in view the fact that Sarpanch has allowed the petitioner to proceed to join the course of B.Ed., may 3 consider granting her permission to resume duties. The representation be disposed of within four weeks from the date of its filing. The writ petition is disposed of accordingly. (MOHAMMAD RAFIQ), J. RS/