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Suresh vs State Of Rajasthan
2022 Latest Caselaw 8099 Raj

Citation : 2022 Latest Caselaw 8099 Raj
Judgement Date : 1 June, 2022

Rajasthan High Court - Jodhpur
Suresh vs State Of Rajasthan on 1 June, 2022
Bench: Pushpendra Singh Bhati

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8168/2022

1. Suresh S/o Dhannaram, Aged About 26 Years, At Present Working As Ddc Helper R/o Sadokan Nagaur.

2. Kailashram Barupal S/o Baldevram, Aged About 33 Years, At Present Working As Helper R/o Dehnagaur.

3. Sundar Lal S/o Sagarmaram, Aged About 38 Years, At Present Working As Pharmacist R/o Regaroka Bas Nagaur.

4. Purshotam Nagliya S/o Durgalal, Aged About 28 Years, At Present Working As Pharmacist R/o Regaro Ki Basti Nimbi Khurdnagaur.

5. Mahavir Bhati S/o Sitaram, Aged About 28 Years, At Present Working As Computer Operator R/o Nayateliwaranagaur.

6. Hari Shankar Purohit S/o Narayan Daspurohit, Aged About 26 Years, At Present Working As Computer Operator R/o Indira Colony Nagaur.

7. Manish Gehlot S/o Kailash Gehlot, Aged About 30 Years, At Present Working As Lab Technician R/o Nayateliwaranagaur.

8. Gopalram S/o Mularam, Aged About 28 Years, At Present Working As Lab Assistant R/o Koliyanagaur.

9. Mohd. Rafeek S/o Mohd. Sadeek, Aged About 24 Years, At Present Working As Lab Assistant R/o Garibnawaj Colony Nagaur.

10. Govindbhati S/o Kanhaiya Lal Bhati, Aged About 28 Years, At Present Working As Computer Operator R/o Nayateliwaranagaur.

11. Ram Narayan Panwar S/o Chotmal, Aged About 24 Years, At Present Working As Computer Operator R/o Nayateliwaranagaur.

12. Parvati S/o Mangi Lal, Aged About 35 Years, At Present Working As Computer Operator R/o Rathodikua Ward. No. 39 Nagaur.

13. Monika Choudhary S/o Udaram, Aged About 34 Years, At Present Working As Senior Lab Tecnician R/o 7-Kh-1 Pawanpurissouth (Bikaner).

14. Chetan Bhargava S/o Radheshyam Bharava, Aged About

(2 of 9) [CW-8168/2022]

31 Years, At Present Working Lab Techniician R/o Bhargava Mohallanagaur.

15. Sahdev Tanwar S/o Sitaramtanwar, Aged About 32 Years, At Present Working As Helper R/o Nakar Gate Nagaur.

16. Rabiya D/o Habib Kha, Aged About 36 Years, At Present Working As Helper R/o Gaazikhadanagaur.

17. Natwar S/o Rajesh, Aged About 33 Years, At Present Working As Safaikaramchari R/o Harijanbastinagaur.

18. Mohd. Ansar S/o Mohd. Saleem, Aged About 22 Years, At Present Working As Computer Operator R/o Samajkalayanchtrawaskepaasnagaur.

19. Rajendra Meghwal S/o Bijaram, Aged About 22 Years, At Present Working As Helper R/o Role Nagaur.

20. Mohd. Adeek S/o Mohd. Khaleel, Aged About 27 Years, At Present Working As Helper R/o Teliwaranagaur.

21. Munuwar Ali S/o Mumtaaj Ali, Aged About 34 Years, At Present Working As Lab Assistant R/o Gosala Market Nagaur.

22. Anand Prakash Bhargava S/o Ram Niwas, Aged About 28 Years, At Present Working As Medical Guide R/o Sanjay Colony Nagaur.

23. Munniram S/o Bhagirathram, Aged About 31 Years, At Present Working As Medical Guide R/o Shaheed Bhagat Singh Colony Nagaur.

24. Devi Lal S/o Jagram, Aged About 30 Years, At Present Working As Medical Guide R/o Somananagaur.

25. Arun Chavariya S/o Jagdishchavariya, Aged About 27 Years, At Present Working As Medical Guide R/o Harijanbastinagaur.

26. Abhisek Panwar S/o Baldev Ram, Aged About 27 Years, At Present Working As Computer Operator S/o Jai Narayan Vyas Bastinagaur.

27. Lokesh Kumar S/o Mangilal, Aged About 26 Years, At Present Working As Computer Operator R/o Khatikakamohallanagaur.

28. Mustak Ahmad S/o Sabir Ahmad, Aged About 35 Years, At Present Working As Computer Operator R/o Indira Colony Nagaur.

29. Pankaj Bhati S/o Rajaram, Aged About 29 Years, At

(3 of 9) [CW-8168/2022]

Present Working As Helper R/o Tausarnagaur.

30. Manish S/o Bhanwarlal, Aged About 19 Years, At Present Working As Helper R/o Chavdiyanagaur.

31. Rajendra Singh S/o Ashu Singh, Aged About 20 Years, At Present Working As Helper R/o Railway Station Idgahkepichenagaur.

32. Jai Kishan Bhargava S/o Neagarchand Bhargava, Aged About 22 Years, At Present Working As Computer Operator R/o Rompol Station Road Nagaur.

33. Ajay Singh S/o Himmat Singh, Aged About 20 Years, At Present Working As Helperr R/o Govt. Hospital Kotharkenagaur.

34. Karan Singh S/o Kan Singh, Aged About 20 Years, At Present Working As Helper R/o Somananagaur.

35. Suresh Kanwar D/o Late Ratan Singh, Aged About 24 Years, At Present Working As Helper R/o Gajsukhdesarnokha Bikaner.

36. Sarita Choudhary D/o Hariramchoudhary, Aged About 28 Years, At Present Working As Lab Technician R/o Farhodnagaur.

37. Priyanka Somarwal D/o Maniram, Aged About 28 Years, At Present Working As Lab Technician R/o Somananagaur.

38. Sharda Inaniya D/o Sita Ram, Aged About 29 Years, At Present Working As Lab Technician R/o Bahdananagaur.

39. Aporva Godara S/o Bhanwara Lal, Aged About 28 Years, At Present Working As Lab Technician R/o Dehrijayalnagaur.

40. Himanshu Goyal S/o Jagdishgoyal, Aged About 27 Years, At Present Working As Computer Operator R/o Karni Colony Nagaur.

41. Sundar Lal S/o Dayalram, Aged About 28 Years, At Present Working As 28 R/o Allay Naguar.

42. Arjun Bhesaliya S/o Mohanram, Aged About 35 Years, At Present Working As Ward Boy R/o Krishanpuranagaur.

43. Uttam Singh S/o Arjun Singh, Aged About 28 Years, At Present Working As Ward Boy R/o Indira Colony Nagaur.

44. Ajay Ghanchi S/o Ramprasad, Aged About 29 Years, At Present Working As Ward Boy R/o Kucheranagaur.

45. Sarfaraj S/o Mohd. Rafeek, Aged About 30 Years, At

(4 of 9) [CW-8168/2022]

Present Working As Computer Operator R/o Ghosiwaranagaur.

46. Manoj Ghanchi S/o Rughnath, Aged About 21 Years, At Present Working As Helper R/o Kucheranagaur.

47. Koshaliya D/o Bhudharam, Aged About 26 Years, At Present Working As Mahilagaad R/o Raidhanunagaur.

48. Shyamsundar Bishnoi S/o Hariram, Aged About 23 Years, At Present Working As Helper R/o Allay Nagaur.

49. Raju Ram S/o Pannaram, Aged About 27 Years, At Present Working As Helper R/o Khari Karm Sotanagaur.

50. Dula Ram S/o Rameshwar Lal, Aged About 27 Years, At Present Working As Computer Operator R/o Sonalinagaur.

51. Ramraj S/o Suganaram, Aged About 25 Years, At Present Working As Computer Operator R/o Lambajattannagaur.

52. Usman Gani S/o Abdul Shabur, Aged About 34 Years, At Present Working As Helper R/o Khardibadanagaur.

53. Punaram S/o Bhanwarlal, Aged About 31 Years, R/o Vyapariyonkamohalla, Merta Road, Nagaur.

54. Reetik Rawal S/o Kaushal Prakash Rawal, Aged About 22 Years, At Present Working As Computer Operator At C.h.c. Mawli, Block Mawli District Udaipur.

55. Abhinav Gehlot S/o Manoj Gehlot, Aged About 27 Years, At Present Working As Pharmacist At Chc Nadol District Pali.

56. Sharwab Das S/o Babudas, Aged About 29 Years, At Present Working As Pharmacist At Chc Takhatgarh District Pali.

57. Ranjeet Singh S/o Champa Lal Rao, Aged About 30 Years, At Present Working As Lab Technician At Chc Ghanerao District Pali.

58. Bharat Kumar S/o Sohanlal, Aged About 31 Years, At Present Working As Lab Assistant At Chc Sadri District Pali.

59. Praveen Kumar S/o Tulsaram, Aged About 30 Years, At Present Working As Lab Assistant At Chc Sadri District Pali.

60. Sita Kumari D/o Harish Kumar, Aged About 31 Years, At Present Working As Lab Assistant At Chc Sadri District Pali.

(5 of 9) [CW-8168/2022]

61. Kajal Kumari D/o Devaram, Aged About 30 Years, At Present Working As Helper At Chc Sadri District Pali.

62. Imtiyaz S/o Chand Kha, Aged About 31 Years, At Present Working As Helper At Chc Sadri District Pali.

63. Rakesh Kumar Prajapat S/o Tejaram, Aged About 30 Years, At Present Working As Computer Operator At Chc Pindwara District Sirohi.

64. Kishore Kumar S/o Tagaram, Aged About 30 Years, At Present Working At Chc Sheoganj District Sirohi.

65. Surendra Pal Singh S/o Vikram Singh, Aged About 31 Years, At Present Working At Chc Aburoad District Sirohi.

66. Jyadeep Budaniya S/o Bhagirath Singh, Aged About 33 Years, At Present Working As Computer Operator At Phc Jasrasar, Block Laxmangarh District Sikar.

67. Veerendera Singh S/o Panne Singh, Aged About 40 Years, At Present Working As Computer Operator At Uphcbeswa Road Fatehpur Block Fathehpur District Sikar.

68. Nitin Bagaria S/o Shrawan Kumar, Aged About 31 Years, At Present Working As Computer Operator At Phc Dishanu, Block Fatheypur District Sikar.

69. Manish Kumar Sharma S/o Narnarayan Sharma, Aged About 29 Years, Having Experience On The Post Of Gnm At Govt. Y.n. Hospital Kishangarh District Ajmer.

70. Mukesh Bhadu S/o Partap Singh, Aged About 28 Years, Having Experience On The Post Of Guard At Govt. Y.n. Hospital Kishangarh District Ajmer.

71. Datar Singh Bhadu S/o Kanaram, Aged About 27 Years, Having Experience On The Post Of Guard At Govt. Y.n. Hospital Kishangarh District Ajmer.

72. Suraj Singh Bhati S/o Mansingh, Aged About 26 Years, Having Experience On The Post Of Ward Boy At Govt. Y.n. Hospital Kishangarh District Ajmer.

73. Hari Om S/o Govardhan, Aged About 48 Years, Ward Boy At Govt. Y.n. Hospital Kishangarh District Ajmer.

74. Manish Kumar S/o Jawahar Singh, Aged About 27 Years, At Present Working At Govt. M.c.h. Wing District Sikar.

75. Rajesh Kumar Jat S/o Rampal Jat, Aged About 30 Years, At Present Working At Phc Swaipur Block Kotri District Bhilwara.

(6 of 9) [CW-8168/2022]

76. Deepak S/o Rajender, Aged About 20 Years, At Present Working At Chc Abu Road, District Sirohi.

77. Laxman Ram Meghwal S/o Achala Ram, Aged About 27 Years, At Present Working At Chc Kalandri District Sirohi.

78. Roshan S/o Narayan, Aged About 23 Years, At Present Working At Phc Ramgarh Chang Block Raipur District Pali.

79. Indra D/o Madan Lal Patel, Aged About 32 Years, At Present Working At Chc Dhawa Block Luni District Jodhpur.

80. Rajeev Panwar S/o Ramesh Chand Panwar, Aged About 28 Years, At Present Working At Health Center Dug District Jhalawar.

81. Hemender Singh Meena S/o Ramcharanmeena, Aged About 30 Years, At Present Working At Chc Masalpur District Karauli.

82. Rajesh Singh Gurjar S/o Bhagwat Singh, Aged About 30 Years, At Present Working At Chc Masalpur District Karauli.

83. Hari Singh S/o Jai Lal, Aged About 32 Years, At Present Working At Phc Kanchanpur District Karauli.

84. Deepak Kumar Soni S/o Radheshyam, Aged About 32 Years, At Present Working At Chc Karanpur District Karauli.

85. Bhur Singh S/o Ramvilas, Aged About 30 Years, At Present Working At Chc Kailadevi District Karauli.

86. Mehram S/o Harchandram, Aged About 32 Years, At Present Working As Worker/helper R/o Galninagaur.

87. Shinyuram S/o Basti Ram, Aged About 35 Years, At Present Working As Worker/helper R/o Nakash Gate, Nagaur.

88. Shrawan Ram S/o Makhanlal, Aged About 30 Years, At Present Working As Worker/helper R/o Khodokamohalla, Nagaur.

89. Ajay Teli S/o Roopchand, Aged About 23 Years, At Present Working As Worker/helper R/o Nakash Gate, Nagaur.

90. Suresh S/o Budharam, Aged About 20 Years, At Present Working As Worker/helper R/o Bhednagaur.

                                                              ----Petitioners
                                 Versus


                                         (7 of 9)                        [CW-8168/2022]


1. State Of Rajasthan, Through The Secretary Medical And Health Department, Government Of Rajasthan, Jaipur.

2. Secretary, Finance (Budget) Department, Government Of Rajasthan, Jaipur.

3. Joint Secretary, Finance (Budget) Department, Government Of Rajasthan, Jaipur.

4. Director, (Public Health) Medical And Health Services, Government Of Rajasthan, Jaipur.

5. Additional Director, Medical And Health Services, Government Of Rajasthan, Jaipur.

6. Nodal Officer, Mndy, Medical And Health Services, Government Of Rajasthan, Jaipur.

7. Nodal Officer, Mnjy, Medical And Health Services, Government Of Rajasthan, Jaipur.

8. Rajasthan Medical Services Corporation Limites (Rmsc), Department Of Medical And Health Services, Swasthyabhawan, Tilakmarg, C-Scheme, Jaipur Through Its Managing Director.

9. Principal Medical Officer, Sirohi.

10. Chief Medical And Health Officer, Sirohi

11. Rajasthan Medical Relief Society Sirohi, Through Secretary, District Sirohi.

12. Principal Medical Officer, Pali

13. Chief Medical And Health Officer, Pali.

14. Rajasthan Medical Relief Society Pali, Through Secretary, District Pali.

15. Principal Medical Officer, Udaipur

16. Chief Medical And Health Officer, Udaipur.

17. Rajasthan Medical Relief Society Udaipur, Through Secretary, District Udaipur.

18. Principal Medical Officer, Karauli

19. Chief Medical And Health Officer, Karauli.

20. Rajasthan Medical Relief Society Karauli, Through Secretary, District Karauli.

21. Principal Medical Officer, Nagaur

22. Chief Medical And Health Officer, Nagaur.

23.   Rajasthan        Medical      Relief    Society          Nagaur,      Through



                                              (8 of 9)                     [CW-8168/2022]


          Secretary, District Nagaur.

24. Principal Medical Officer, Jhalawar

25. Chief Medical And Health Officer, Jhalawar.

26. Rajasthan Medical Relief Society Jhalawar, Through Secretary, District Jhalawar.

27. Principal Medical Officer, Jodhpur

28. Chief Medical And Health Officer, Jodhpur.

29. Rajasthan Medical Relief Society Jodhpur, Through Secretary, District Jodhpur.

30. Principal Medical Officer, Bhilwara

31. Chief Medical And Health Officer, Bhilwara.

32. Rajasthan Medical Relief Society Bhilwara, Through Secretary, District Bhilwara.

33. Principal Medical Officer, Sikar

34. Chief Medical And Health Officer, Sikar.

35. Rajasthan Medical Relief Society Sikar, Through Secretary, District Sikar.

36. Principal Medical Officer, Ajmer

37. Chief Medical And Health Officer, Ajmer.

38. Rajasthan Medical Relief Society Ajmer, Through Secretary, District Ajmer.

                                                                      ----Respondents


For Petitioner(s)            :     Mr. S.K. Verma
For Respondent(s)            :



HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI (VACATION JUDGE)

Order

01/06/2022

1. Petitioners' grievance is that they were working on contract

basis under the respondents, and they are apprehending

disengagement of their services.

(9 of 9) [CW-8168/2022]

2. Mr. Shreekant Verma, learned counsel for the petitioners

submits that the petitioners would feel satisfied if the respondents

are directed to consider their representation (which they would be

filing) in light of the judgment of this Court dated 19.01.2021,

passed in Jai Prakash Ganchi & Ors. Vs. State of Raj. & Ors.

(S.B.Civil Writ Petition No.7273/2020) and also in light of circular

dated 02.09.2020.

3. The present writ petition is, therefore, disposed of with the

direction to the petitioners to file a representation, while enclosing

photostat copy of the judgment in the case of Jai Prakash Ghanchi

(supra) and photostat copy of the circular dated 02.09.2020 within

a period of four weeks from today.

4. In case, representation is so addressed, the competent

authority shall do the needful, in accordance with law, preferably

within a period of eight weeks from receipt thereof.

5. It is made clear that aforesaid direction to decide the

representation has been issued only with a view to ensure

expeditious redressal of petitioners' grievance. The same may not

be construed to be an order to decide the representation in a

particular manner.

6. The stay application also stands disposed of accordingly.

(DR.PUSHPENDRA SINGH BHATI), VJ 434-Zeeshan

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