Rajasthan High Court - Jodhpur
Sarju Devi vs State Of Rajasthan (2025:Rj-Jd:14297) on 18 March, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:14297] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4502/2025
1. Sarju Devi W/o Rajendra Kumar D/o Bagada Ram, Aged About 27 Years, C/o Rajendra Kumar, Sinla, Baloonda, District Pali, Rajasthan Presently Working As Cook In Office Of D.r B.r. Ambedkar Government Hostel, Sojat City, District Pali, Rajasthan.
2. Kusum W/o Champa Lal, Aged About 43 Years, Meghwalon Ka Bas, Kharchi, District Pali, Rajasthan Presently Working As Cook In Office Of D.r B.r. Ambedkar Government Hostel, Marwar Junction, District Pali, Rajasthan.
3. Mahendra Singh Rajpurohit S/o Mohan Singh Rajpurohit, Aged About 27 Years, Botiyo Ka Bas, Kherwa, Po Khairwa, District Pali Rajasthan Presently Working As Watchman In Office Of D.r B.r. Ambedkar Government Hostel, Marwar Junction, District Pali, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Secretary Social Welfare Department, Jaipur, Rajasthan.
2. The Director, Social Welfare Department, Jaipur, Rajasthan.
3. The Assistant Director, Social Welfare Department, Pali, Rajasthan.
----Respondents For Petitioner(s) : Mr. Yashpal Singh For Respondent(s) : Ms. Yashvi Khandelwal for Mr. Praveen Khandelwal, AAG JUSTICE DINESH MEHTA Order 18/03/2025
1. Admittedly, the petitioners have been engaged through a placement agency as has been stated in para No.5 of the memo of the writ petition.
2. Ms. Yashvi Khandelwal, learned counsel appearing for the State invited Court's attention towards the judgment dated (Downloaded on 18/03/2025 at 09:52:55 PM) [2025:RJ-JD:14297] (2 of 2) [CW-4502/2025] 10.05.2023 passed by this Court in a bunch of writ petitions led by Om Prakash Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.15081/2021 and the judgment dated 15.05.2024 passed by Division Bench of this Court in the case of Anusuchit Janjati Chatravas Sanvida Karamchari Sangh Vs. State of Rajasthan & Ors. : D.B. Special Appeal Writ No.243/2024 and contended that the persons working through placement agency cannot claim benefit of minimum of the pay scale.
3. Having heard learned counsel for the parties, this Court is of the considered opinion that since the petitioners are working through a placement agency, who have been given contract by the respondents to supply of man power, they would be governed by the terms of the contract which they are having with the placement agency.
4. Since there is no direct employer-employee relationship, the petitioners cannot claim minimum of the pay scale as has been given in the bunch of writ petitions led by Anokh Bai Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.372/2013, decided by co-ordinate Bench of this Court on 25.04.2017.
5. That apart, the placement agency, which has not been impleaded as a party cannot be compelled to pay the amount payable to a Government servant.
6. The present writ petition is, therefore, dismissed.
7. The stay application also stands dismissed, accordingly.
(DINESH MEHTA),J 6-akansha/-
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