Madan Lal vs The State of Rajasthan and Others

Prem Shanker Asopa, J.—By way of this writ petition the petitioner has prayed for an appropriate writ, order or direction to the respondents to appoint him on the post of Teacher Grade III with all consequential benefits.

Facts, in brief, of the case, as per the petitioner, are that the petitioner was appointed on the post of Teacher on contract basis on 20.02.1990. However, his services were terminated by the Head Master, Primary School, Bhadkasli on 25.08.1990. For the services rendered by the petitioner up to 25.08.1990 experience certificate (Annex. 6) was issued to the petitioner. When the petitioner came to know that appointments on the post of Teacher Grade III were being given to those who have already worked on contract basis on the post of Teacher, he submitted an application on 25.10.2001 but the same was rejected on the ground that the salary certificate was not attached with the application.

The stand taken by the respondents in their reply to the writ petition is that the application of the petitioner was rejected on the ground that he has not furnished the salary certificate along with the application.

Submission of counsel for the petitioner is that similarly situated persons who have worked on contract basis, like Bhagirath, Chhotu Ram, Ram Niwas, Niwas Bhamu, Munni Kumari, Banwari Lal and Bhawani Singh etc. have been given appointment on the post of Teacher Grade III by the respondents. His further case is that there is no circular or requirement for filing the salary certificate along with the application so as to prove that the petitioner was appointed on contract basis. On the contrary, submission of the experience certificate along with the application is the sufficient requirement of proof of contract employment of the petitioner as well as termination of the same.

Submission of Mr. Lamba, Dy. G.A. is that the salary certificate was necessarily required to be submitted along with the application for appointment on the post of Teacher Grade III but no such salary certificate was attached with the application and therefore, the application of the petitioner was rightly rejected.

Heard counsel for the parties and gone through record of the writ petition as also considered the rival submissions of the counsel for the parties.

I am of the considered view that the experience certificate wherein the fact of contract service is mentioned is the sufficient proof of contract service and no salary certificate in proof of contract service was required to be submitted along with the application. On the basis of experience certificate, it has to be presumed that the amount of salary/pay for the period of contract service has been paid to the employee concerned. The respondents have not denied the genuineness of the experience certificate and therefore, there appears to be no justification for rejection of the application submitted by the petitioner for appointment on the post of Teacher Grade III on the ground of non submission of the salary certificate.

Accordingly, the writ petition is allowed and the respondents are directed to consider case of the petitioner for appointment on the post of Teacher Grade III like cases of similarly situated persons and in case the petitioner is found suitable, he may be given appointment on the post of Teacher Grade III within a period of three months with all consequential benefits, except arrears of salary.