CWP 3113/01 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.3113/2001 Rajendra Prasad Koli Versus State & (2) Ors. Date of Order ::: 19/03/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Hemant Gajraj, for petitioner Mr. Shivlal Meena, Dy.Govt. Adv., for State Instant petition has been filed assailing order dt.16/06/01 (Ann.5) whereby respondents authority filled up posts of Class IV Servant/Chowkidar from among employees who were declared surplus in other Government departments. Petitioner was appointed in the cadre of Class IV as Chowkidar vide order dt. 06/08/2000 (Ann.3) through contractor whose contract was accepted by the authority vide order dt.05/08/2000, as is evident from letter dt.06/08/2000 (Ann.R.2). Petitioner never under went process of recruitment provided under Rules and it was a pure contractual appointment through contractor and no right had ever conferred upon him; therefore, vide order dt.16/06/01 (Ann.5), vacant posts of Class IV service/Chowkidar were filled up through employees who were declared surplus in other CWP 3113/01 //2// Government departments and they were posted in the respondent-department. Counsel submits that since petitioner was appointed in the department prior to the surplus persons and once he was working as chowkidar in the department, employment could not have been denied to him and it certainly deprives him of livelihood for which he is entitled under Art.21 of the Constitution. Respondents have filed reply and inter-alia specifically averred therein that since petitioner was never engaged and appointed through regular process of recruitment and Sukhdev was contractor who sent his name - in pursuance thereto, he joined as Chowkidar but since there were persons available in other department who were declared surplus, the authority took decision to fill up vacant posts through such employees which is in consonance with Art.14 of the Constitution. It is evident from letter (Ann.3)dt. 06/08/2000 signed by Sukhev Gurjar (contractor) in whose favour tender was accepted vide order dt.15/07/2000 (Ann.1) for supply of services of Chowkidar and who sent name of petitioner – in pursuance whereof petitioner joined as CWP 3113/01 //3// Chowkidar. No right either way has otherwise conferred in his favour being contractual labour/employee and once Government took decision to fill vacant posts through employees who were declared surplus in other Government departments, this Court does not find any error which may call for interference in the order impugned; and that apart, surplus employees have preferential right and petitioner cannot claim parity qua them. Consequently, writ petition fails and is hereby dismissed alongwith stay petition. No order as to costs. (Ajay Rastogi), J. K.Khatri/p3/3113CWP01cntrIV.doc