The replacement of one contractual employee by another contractual employee, without any rhyme or reason, is illegal.

1. We have heard learned counsel appearing for the parties.

2. These two Special Appeals have been filed against the judgment of learned Single Judge dated 22.01.2014 in S.B. Civil Writ Petition No.15128/2011 (Babu Lal Gurjar Vs. State of Rajasthan & Ors.), by which he had allowed the writ petition, on the ground that the replacement of one contractual employee by another contractual employee, on the post of Chowkidar, on which the petitioner was suddenly stopped the work on 30.06.2010, without any rhyme or reason, was a practice, which was deprecated by the judgments of this Court in Smt.Pramila Devi & Ors. Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition No.8365/2010), decided on 08.02.2011, as well as the judgment in Smt.Mooli Devi Vs. State of Rajasthan & Ors., 2010 (4) WLC (Raj.) 334.

3. In the present case, Shri Babu Lal Gurjar, the petitioner, who has also filed an appeal against the judgment dated 22.01.2014, was engaged on contract, to serve as a Chowkidar in Kasturba Gandhi Balika Vidhyalaya, Chaksu, District Jaipur, a scheme floated by the Central Government for the residential schools, for girls in rural areas. He was engaged on 01.07.2006, and continue to work upto 30.06.2009, when the State Government, running the project through Sarva Shiksha Abhiyan, decided to engage the employees, namely, warden, teachers, watchman, cook and helper, in all Kasturba Gandhi Balika Vidhyalaya, through private placement agencies. Though the petitioner was already working on contract, which was extended from year to year, he was recommended by the placement agency, namely CDECS (HRD Division), Jaipur to the District Project Coordinator, Sarva Shiksha Abhiyan, Jaipur. His name was recommended as Watchman in Kasturba Gandhi Balika Vidhyalaya, Chaksu, District Jaipur, in letter of CDECS, Jaipuir dated 30.06.2009.

4. It was submitted on behalf of the petitioner that on 30.06.2010, he was relieved, and was not allowed to work from 01.07.2010, on the ground that his services had come to an end. The petitioner requested to allow him to continue, but without any response. On 12.07.2010, a new person, namely, Shri Ram Sahay Gurjar was recommended by the same placement agency, and was employed by the District Project Coordinator, Sarva Shiksha Abhiyan, Jaipur, to work as Chowkidar in Kasturba Gandhi Balika Vidhyalaya, Chaksu.

5. On 20.08.2011, a legal notice was given by the petitioner, in which it was stated that he had been disengaged, without any rhyme or reason, or passing any order, and that, no notice for terminating his employment, was given to him, as to why he was discontinued to work. In reply to the legal notice, the Block Primary Education Officer, Block Chaksu, District Jaipur, vide his letter dated 12.09.2011, informed Shri Akshay Sharma, Advocate, that the petitioner was employed through the District Project Coordinator and CDECS. He regularly attended his duties, and that, there was no complaint against him. He was replaced by Shri Ram Sahay Gurjar, who was recommended by CDECS, and District Project Coordinator, Sarva Shiksha Abhiyan, Jaipur. Since there is only one post of Chowkidar in Kasturba Gandhi Balika Vidhyalaya, Chaksu, District Jaipur, in pursuance to the directions of the District Project Coordinator and CDECS, Shri Ram Sahay Gurjar was appointed as Chowkidar. The Block Primary Education Officer also replied to point No.2, that the local office is not entitled to issue any appointment order for the post of Chowkidar; the persons are employed in Kasturba Gandhi Balika Vidhyalaya through the CDECS and District Project Coordinator.

6. Learned Single Judge allowed the writ petition, on the ground that the petitioner is a victim of being replaced by another contractual worker through placement agency, and that, since this Court has already held that the State cannot give employment through placement agencies, by replacing one set of contractual workers with another, to avoid regularization, the replacement o