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Om Prakash Meena vs The State Of Rajasthan ...
2023 Latest Caselaw 3633 Raj

Citation : 2023 Latest Caselaw 3633 Raj
Judgement Date : 26 April, 2023

Rajasthan High Court - Jodhpur
Om Prakash Meena vs The State Of Rajasthan ... on 26 April, 2023
Bench: Dinesh Mehta

[2023/RJJD/012202]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 2998/2018

1. Maneesh Yadav S/o Jagdish Prasad Yadav, R/o At Present Working As Pharmacist At Sdh Neem Ka Thana, Sikar.

2. Rambharosi Meena S/o Nahnji Ram Meena, R/o At Present Working As Computer Operator At Chc Reni Block Reni District Alwar.

3. Ravinder Kumar Meena S/o Bhagwan Sahaya Meena, R/o At Present Working As Computer Operator At Chc Reni Block Reni District Alwar.

4. Devendra Kumar Sharma S/o Harish Chandra Sharma, R/ o At Present Working As Computer Operator At Phc Jamdoli Block Reni District Alwar.

5. Sunil Kumar Meena S/o Motichand Meena, R/o At Present Working As Computer Operator At Phc Pada Block Reni District Alwar.

6. Ankit Pradhan S/o Shiv Dhyal, R/o At Present Working As Computer Operator Chc Ramgarh Block Ramagrh District Alwar.

7. Deepak Saini S/o Bhoop Singh Saini, R/o At Present Working As Computer Operator At Phc Sihali Kalan Mundawar District Alwar.

8. Sonam Punyani D/o Late Shree Daleep Kumar Punyani, R/ o At Present Working As Computer Operator At Chc Ramgarh Block Ramgarh District Alwar.

9. Yogesh Kumar Saini S/o Basant Kumar Saini, R/o At Present Working As Pharmacist At Sdh Neem Ka Thana, Sikar.

10. Shashi Kumar Saini S/o Gouri Sankar Saini, R/o At Present Working As Pharmacist At Sdh Neem Ka Thana, Sikar.

11. Omprakash Saini S/o Babu Lal Saini, R/o At Present Working As Pharmacist At Sdh Neem Ka Thana, Sikar.

12. Shree Ram Gagraj S/o Ram Bux Gagraj, R/o At Present Working As Helper At Sdh Neem Ka Thana, Sikar.

13. Mahendra Yadav S/o Balbir Singh Yadav, R/o At Present Working As Helper At Sdh Neem Ka Thana, Sikar.

14. Santosh Kumar Sharma S/o Phoolchand Sharma, R/o At Present Working As Helper At Sdh Neem Ka Thana, Sikar.

15. Gagan Sharma S/o Devi Charn Sharma, R/o At Present Working As Computer Operator At Chc Reni Block Reni District Alwar.

16. Manoj Kumar Sharma S/o Om Prakash Sharma, R/o At Present Working As Computer Operator At Chc Reni Block Reni District Alwar.

----Petitioners Versus

[2023/RJJD/012202] (2 of 14) [CW-2998/2018]

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

2. Director, Medical And Health Services, Government Of Rajasthan, Jaipur.

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

4. Rajasthan Medical Services Corporation Limites Rmsc, Department Of Medical And Health Services, Health Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its Managing Director.

5. Chief Medical And Health Officer, Sikar.

6. Chief Medical And Health Officer, Alwar.

7. Secretary Member, Rajasthan Medical Relief Society, Sdh General Hospital Neem Ka Thana, Sikar, District Sikar.

8. Secretary And Chief Medical Officer, Rajasthan Medical Relief Society, Alwar, District Alwar.

9. Primary Medical Officer, Neem Ka Thana, District Sikar.

----Respondents Connected With (2) S.B. Civil Writ Petition No. 10531/2017

1. Kanhiyalal S/o Jeetmal Katik, R/o At Present Working As Computer Operator At Chc Kapasan District Chittorgarh

2. Kushal Singh Parihar S/o Manohar Singh Parihar, R/o At Present Working As Lab Assisant At Chc Banar District Jodhpur.

3. Arif Khan S/o Mehboob Khan, R/o At Present Working As Computer Operator At Chc Kapasan District Chittorgarh

4. Shiv Ratan S/o Kishori Lal Bheel, R/o At Present Working As Helper At Pmo Ratangarh District Churu

5. Mohd Imran S/o Afzal Hussain, R/o At Present Working As Helper At Pmo Ratangarh District Churu

6. Anand Kumar S/o Puranmal Danodiya, R/o At Present Working As Helper At Pmo Ratangarh District Churu

7. Dinesh Kumawat S/o Rameshwar Lal, R/o 34 Kumawato Ka Mohalla, Ward No. 09, Kurbara, Neem Ka Thana, Sikar

8. Devendra Kumar S/o Chandra Ram, R/o At Present Working As Computer Operator At Phc Chandoli District Sikar

9. Jitendra Kumar S/o Nema Ram Sargara, At Present Computer Operator At Phc Panchetiya Tehsil Kharchi District Pali.

----Petitioners Versus

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

[2023/RJJD/012202] (3 of 14) [CW-2998/2018]

Jaipur.

2. Director, Medical And Health Services, Government Of Rajasthan, Jaipur.

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

4. Rajasthan Medical Services Corporation Limites Rmsc, Department Of Medical And Health Services, Health Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its Managing Director.

5. Chief Medical And Health Officer, Chittorgarh

6. Chief Medical And Health Officer, Jodhpur

7. Chief Medical And Health Officer, Sikar

8. Chief Medical And Health Officer, Churu

9. Chief Medical And Health Officer, Pali

----Respondents (3) S.B. Civil Writ Petition No. 14729/2017

1. Iqbal Mohammad S/o Taj Mohammad, R/o Phc Atbera, Pali

2. Manraj Meena S/o Deendayal Meena, R/o Village And Post Bhadoti Tehsil Malarna Doongar, Sawaimadhopur, Rajasthan.

3. Mahaveer Mehra S/o Babulal Mehra, R/o Village And Post Godlyaheri Tehsil Ladpura District Kota

4. Mahendra Kumar Meena S/o Shri Shahab Lal, R/o Phc Naya Gaon, Kota

5. Devesh Sharma D/o Shri Ram Bharosi Sharma, R/o Street No. 02, Dakniya Station Ke Pass, Govind Nagar, Kota Rajasthan.

6. Shabana Ansari D/o Shri Abdul Wahid Ansari, R/o House No. 785, Binayak Colony, Dadvada Kota Junction Kota Rajasthan.

----Petitioners Versus

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

2. Director, Medical And Health Services, Government Of Rajasthan, Jaipur.

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

4. Rajasthan Medical Services Corporation Limites Rmsc, Department Of Medical And Health Servieces, Health Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its Managing Director.

5. Chief Medical And Health Officer, Pali.

[2023/RJJD/012202] (4 of 14) [CW-2998/2018]

6. Chief Medical And Health Officer., Kota.

----Respondents (4) S.B. Civil Writ Petition No. 2750/2018

1. Koushal Kumar Singh Bhati S/o Shiv Singh Bhati, R/o At Present Working As Nurse Grade Ii At Satellite Hospital, Bikaner.

2. Samim Bano W/o Nadeem Husain, R/o At Present Working As Computer Operator At Satellite Hospital, Bikaner

3. Malaram Tiwari S/o Radha Kishan Tiwari, R/o At Present Working As Ward Boy Cum Driver At Satellite Hospital, Bikaner

4. Bulaki Ram Gehlot S/o Rajendra Prasad Gehlot, R/o At Present Working As Ward Boy Cum Driver At Satellite Hospital, Bikaner

5. Vishnu Tanwar S/o Hanuman Prasad Tanwar, R/o At Present Working As Ward Boy Cum Driver At Satellite Hospital, Bikaner

6. Sharwan Kumar S/o Ishwardan Kiradu, R/o At Present Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

7. Dinesh Kumar Rankawat S/o Jiyaram, R/o At Present Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

8. Manjhu Ojha D/o Manna Lal, R/o At Present Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

9. Ravinder Kaur W/o Najar Singh, R/o At Present Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

10. Sushila W/o Momraj, R/o At Present Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

11. Ashok Kumar S/o Giriraj Ranga, R/o At Present Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

12. Gajender Baghela S/o Pancham Singh Baghela, R/o At Present Working As Nurse Grade Ii At Satellite Hospital, Bikaner.

13. Devendra Ranga S/o Shiv Kumar Ranga, R/o At Present Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

14. Santosh Devi W/o Late Devi Singh, R/o At Present Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

15. Uma Shankar Purohit S/o Vijay Shanker Purohit, R/o At Present Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

16. Rajnikant Vyas S/o Suresh Vyas, R/o At Present Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

17. Mohammad Aarif S/o Haji Mohammad, R/o At Present

[2023/RJJD/012202] (5 of 14) [CW-2998/2018]

Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

18. Bhanwar Lal Bohra S/o Janki Das, R/o At Present Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

19. Mohan Singh S/o Ram Singh, R/o At Present Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

20. Inder Chand Joshi S/o Chand Ratan, R/o At Present Working As Ward Boy Cum Attendant At Satellite Hospital, Bikaner

21. Divesh Kumar Hatila S/o Dungar Ram Hatila, R/o At Present Working As Nurse Grade Ii At Satellite Hospital, Bikaner.

22. Amit Kumar Pilaniya S/o Late Laxman Singh, R/o At Present Working As Nurse Grade Ii At Satellite Hospital, Bikaner.

23. Mahendra Bhati S/o Kishan Chand Bhati, R/o At Present Working As Pharmacist At Satellite Hospital, Bikaner.

24. Pankaj Tanwar S/o Ashok Kumar Tanwar, R/o At Present Working As Pharmacist At Satellite Hospital, Bikaner.

25. Kesharam Gehlot S/o Om Prakash Gehlot, R/o At Present Working Bio Medical Wastages Care Taker At Satellite Hospital, Bikaner

26. Lal Chand Choudhary S/o Surendra Kumar Chaudhary, R/ o At Present Working As Computer Operator At Satellite Hospital, Bikaner

27. Mahendra Singh Choudhary S/o Surendra Singh Chaudhary, R/o At Present Working As Computer Operator At Satellite Hospital, Bikaner

----Petitioners Versus

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

2. Director, Medical And Health Services, Government Of Rajasthan, Jaipur.

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

4. Rajasthan Medical Services Corporation Limites Rmsc, Department Of Medical And Health Services, Health Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its Managing Director.

5. Principle, Sardar Patel Medical Collage, Bikaner

6. Chief Medical And Health Officer, Bikaner

7. Superintendent And Chief Medical Officer, S.d.m. District Government Hospital, Bikaner

8. Secretary And Chief Medical Officer, Rajasthan Medical

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Relief Society, S.d.m. Government District Hospital, Bikaner, District Bikaner

9. Principle Medical Officer P.m.o., Satellite Hospital, Bikaner

----Respondents (5) S.B. Civil Writ Petition No. 3749/2018

1. Pushpendra Singh Rawal S/o S.r. Rawal, R/o Uphc Udaimandir, District Jodhpur.

2. Devi Singh Lodha S/o Narayan Singh, R/o Phc Sarda Bakani, District Jalawar.

3. Sunil Kumar Sen S/o Kalyan Prashad, R/o Phc Ghatoli, District Jalawar.

4. Rahul Mehar S/o Chothamal, R/o Phc Pachola Bakani, District Jalawar.

5. Panwan Kumar Nagar S/o Latoor Lal Nagar, R/o Chc Sarola Kala, Khanpur, District Jalawar

6. Prem Narayan Pareta S/o Babu Lal Pareta, R/o Phc Chureliya, Manoharpur District Jalawar.

7. Raju Suman S/o Mohan Lal Suman, R/o Phc Bakani, District Jalawar

8. Sanjay Kumar Gochar S/o Kalu Lal, R/o Phc Taraj, Khanpur, District Jalawar.

9. Mohammed Junaid Meo S/o Mohammed Haneef Meo, R/o Chc Pirawa, Block Sonel District Jalawar.

10. Lokesh Kumar Jain S/o Raj Kumar Jain, R/o Chc Pirawa, Sonel, Jalawar.

11. Suresh Chand Lodha S/o Paramanand, R/o Phc Jawar, Manohar Thana, District Jalawar.

12. Ashok Saini S/o Roopnarayan, R/o Chc Fhagi Block Fhagi Jaipur Ii, District Jaipur.

13. Vijay Singh Lodha S/o Laxman Singh, R/o Phc Kamkheda, Manohar Thana, District Jalawar.

14. Sami Ahmmd S/o Jamil Ahmed, R/o Chc Pirawa, Sonel, District Jalawar.

15. Umesh Kumawat S/o Shankar Lal Kumawat, R/o Chc Chomu, Jaipur I.

16. Mukesh Kumar Jat S/o Ganpat Lal Jat, R/o Chc Chomu, District Jaipur I.

17. Gaurav Kumar Sharma S/o Suresh Chand Sharma, Phc Ramnayar, Block Kherlimadi, District Alwar.

18. Anil Kumar Sharma S/o Harwant Lal Sharma, R/o Phc Jur, Jhrhera, Block Kaya, Bharatpur.

19. Arun Choudhary S/o Shrawan Kumar Jat, R/o Chc Samod, Block Govindgarh, Jaipur.

20. Ramswroop Gurjar S/o Bhomaram Gurjar, R/o Chc Chomu, Govindgarh, Jaipur I.

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21. Razak Mohammad S/o Nasir Mohammad, R/o Block Fhagi Jaipur Ii, District Jaipur.

22. Deepak Kumar Laxkar S/o Redha Shyam Laxkar, R/o Chc Kadra, Block Kekdi, Ajmer.

23. Chhatrdhar Sharma S/o Bhairu Lal Sharma, R/o Block Fhagi Jaipur Ii, District Jaipur.

24. Dilip Kumar Mishra S/o Vinod Kumar Sharma, R/o Vphc Gandhi Nagar, Jaipur.

25. Sunil Kumar Swami S/o Gopal Lal Swami, R/o Uphc Jhalan Dungari, District Jaipur.

26. Yogesh Swami S/o Gopal Lal Swami, R/o Uphc Kiran Path, District Jaipur.

27. Surendra Yadav S/o Puranmal Yadav, R/o Chc Chaksu, Jaipur Ii.

28. Bhavnesh Meena S/o Halu Ram, R/o Chc Kherwara, District Udaipur.

29. Siraj Hussain S/o Rajjak Hussain, R/o Chc Kherwara, District Udaipur.

30. Suraj Kumar Meena S/o Shanti Lal Meena, R/o Kherwara, District Udaipur.

31. Sumit Parmar S/o Babu Lal, R/o Phc Sulai District Udaipur.

32. Ajay Jangid S/o Mahaveer Nangid, R/o Phc Khand Ovari District Udaipur.

33. Vimal Kumar Damor S/o Ram Lal Damor, R/o Phc Jawas District Udaipur.

34. Rai Singh Gurjar S/o Chagan Lal Gurjar, R/o Asnpur, Chc District Jalawar.

35. Sahil Bhanat S/o Harish Meena, R/o Phc Nayagoan, District Udaipur.

36. Rajesh Kumar Kalal S/o Ashok Kalal, R/o Phc Dabayacha, District Udaipur.

37. Yogesh Kumar Bheel S/o Govind Ram Bheel, R/o Phc Pahada, District Udaipur.

38. Chandra Prakash Sharma S/o Om Prakash Sharma, R/o Ratiai, Chc District Jalawar.

39. Shyam Babu S/o Krishan Chand, R/o Ratia, Chc District Jalawar.

40. Madhu Sudhan Malav S/o Gopal Lal Malav, R/o Khanpur, District Jalawar.

41. Jitendra Kumar Carpentar S/o Prem Chand, R/o Khanpur Chc, District Jalawar.

42. Ankit Gotam S/o Shyam Manohar, R/o Phc Jahonk, District Jalawar.

----Petitioners Versus

[2023/RJJD/012202] (8 of 14) [CW-2998/2018]

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

2. Chief Medical And Health Officer, Udaipur.

3. Director, Public Health Medical And Health Service, Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.

4. Rajasthan Medical Service Corporation Department, Through Its Chairman/ Managing Director, Gandhi Block, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

5. Nodal Officer, Mndy/mnjy, Medical And Health Services, Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur

6. Chief Medical And Health Officer, Jodhpur.

7. Chief Medical And Health Officer, Jaipur-I

8. Chief Medical And Health Officer, Jaipur-Ii

9. Chief Medical And Health Officer, Jalawar.

10. Chief Medical And Health Officer, Ajmer.

----Respondents (6) S.B. Civil Writ Petition No. 6208/2018

1. Surendra Kumar Rao S/o Bal Swaroop Rao, R/o At Present Working As Computer Operator At Phc Raila District Bhilwara.

2. Dev Abhimanu Singh Chouhan S/o Devi Singh Choudhan, R/o At Present Working As Computer Operator At Chc Banera District Bhilwara.

3. Rohit Purohit S/o Suraya Prakash, R/o At Present Working As Computer Operator At Phc Hurda District Bhilwara.

4. Deepak Kumar Kumawat S/o Umrav Mal Kumawat, R/o At Present Working As Computer Operator At Chc Banera District Bhilwara.

5. Ankur Jain S/o Bhagchand Jain, R/o At Present Working As Computer Operator At Phc Dhamaniya District Bhilwara.

----Petitioners Versus

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

2. Director, Medical And Health Services, Government Of Rajasthan, Jaipur.

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

4. Rajasthan Medical Services Corporation Limites Rmsc, Department Of Medical And Health Services, Health Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its Managing Director.

5. Chief Medical And Health Officer, Bhilwara.

[2023/RJJD/012202] (9 of 14) [CW-2998/2018]

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

----Respondents (7) S.B. Civil Writ Petition No. 6209/2018

1. Irshad Khan S/o Anwar Khan, R/o At Present Working As Data Entry Operator At P.h.c. Jairoli Block Tijara District Alwar.

2. Saurabh Sharma S/o Gajanand Sharma, R/o At Present Working As Data Entry Operator At C.h.c. Tijara Block Tijara District Alwar.

3. Sarsudin S/o Dinu Khan, R/o At Present Working As Data Entry Operator At C.h.c. Tapookra Block Tijara District Alwar.

4. Barkat Khan S/o Samsudin, R/o At Present Working As Data Entry Operator At C.h.c. Tijara Block Tijara District Alwar.

5. Aarif Khan S/o Ibrahim, R/o At Present Working As Data Entry Operator At C.h.c. Tijara Block Tijara District Alwar.

6. Mohammad Khan S/o Ishak Khan, R/o At Present Working As Data Entry Operator At C.h.c. Bhiwadi Block Tijara District Alwar.

7. Dhiraj Kumar S/o Pramanad Kumar, R/o At Present Working As Data Entry Operator At P.h.c. Mojpur Block Laxmangarh District Alwar.

8. Durga Prasad S/o Shri Yadram Sharma, R/o At Present Working As Data Entry Operator At P.h.c. Badoda Mev Block Laxmangarh District Alwar.

9. Azhar Mohammad S/o Noor Mohammad, R/o At Present Working As Data Entry Operator At C.h.c. Tijara Block Tijara District Alwar.

10. Abid Khan S/o Umar Mohammad, R/o At Present Working As Lab Attendant At P.h.c.jairoli Block Tijara District Alwar.

11. Basir Khan S/o Kundan Khan, R/o At Present Working Tikakaran Driver At P.h.c. Jairoli Block Tijara District Alwar.

12. Akbar Khan S/o Juhur Khan, R/o At Present Working As Data Entry Operator At P.h.c. Sarekalan Block Tijara District Alwar.

13. Vikash Kumar S/o Jagram, R/o At Present Working As Data Entry Operator At P.h.c. Jhiwana Block Tijara District Alwar.

14. Satendar Yadav S/o Brij Lal, R/o At Present Working As Data Entry Operator At P.h.c. Ishroda Block Tijara District Alwar.

15. Mohammad Khan S/o Vajir Khan, R/o At Present Working As Data Entry Operator At P.h.c. Bhindoosi Block Tijara District Alwar.

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16. Arshad Khan S/o Israil Khan, R/o At Present Working As Data Entry Operator At P.h.c. Baghori Block Tijara District Alwar.

17. Rajesh Kumar S/o Bahadur Singh, R/o At Present Working As Data Entry Operator At C.h.c. Gahankar Block Tijara District Alwar.

----Petitioners Versus

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

2. Director Medical And Health Services, Government Of Rajasthan, Jaipur.

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

4. Rajasthan Medical Services Corporation Limites Rmsc, Department Of Medical And Health Services, Health Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its Managing Director.

5. Chief Medical And Health Officer, Alwar.

6. Block Chief Medical And Health Officer, Tijara District Alwar.

7. Block Chief Medical And Health Officer, Laxmangarh District Alwar.

8. Rajasthan Medical Relief Society, District Alwar Through Secretary District Alwar.

9. Assistant Account Officer, Grade-I, Officer Chief Medical And Health Officer, Alwar.

----Respondents (8) S.B. Civil Writ Petition No. 12546/2018

1. Om Prakash Meena S/o Shri Gopal Ram Meena, Aged About 40 Years, Phc Dhularavji, Jamua Ramgarh, District Jaipur.

2. Ram Kailash Meena S/o Shri Burdhi Chand Meena, Aged About 48 Years, R/o Phc Rojwadi, Bassi Jaipur, District Jaipur

3. Vineet Kaushiak S/o Shri Sanjeev Kumar Kaushiak, Aged About 23 Years, R/o Chc Bassi, Jaipur, District Jaipur, Rajasthan.

4. Krishan Kumar Meena S/o Shri Ram Karan Meena, Aged About 25 Years, R/o Chc Bassi, Jaipur, District Jaipur, Rajasthan.

5. Raj Kumar Saini S/o Shri Hanuman Sahay Saini, Aged About 25 Years, R/o Chc Bassi, Jaipur, District Jaipur, Rajasthan.

6. Irshad Ahammed S/o Shri Sagir Ahammed, Aged About

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27 Years, R/o Chc Sunal, District Jhalawar.

7. Bharat Kumar Patidar S/o Shri Kanehaya Lal Patidar, Aged About 28 Years, Chc Sunel, District Jhalawar

8. Tufan Singh Nagar S/o Shri Lekh Lal Nagar, Aged About 28 Years, R/o Chc Sunel, District Jhalawar.

9. Ajmat Ullaha Aatmaj S/o Shri Hafij Nafid Ullaha, Aged About 29 Years, R/o Phc Pindwara, District Jhalawad, Rajasthan.

10. Valisher S/o Rahish Mohammad, Aged About 27 Years, R/ o Phc Sarola, District Jhalawar, Rajasthan.

11. Ashok Kumar Joshi S/o Shri Radheshyam Joshi, Aged About 26 Years, R/o Phc Mandawar, Block Jhalarapatan, District Jhalawar, Rajasthan.

12. Shrawan Kumar Saini S/o Ram Lal Saini, Aged About 27 Years, R/o Chc Chomu, Block Govindgarh, District Jaipur- I, Rajasthan.

13. Sabir Khan S/o Munir Khan, Aged About 26 Years, R/o Chc Bhawani Maandi, District Jhalawar.

14. Mahipal Yadav S/o Shri Babu Lal Yadav, Aged About 29 Years, R/o Sardar Jawan Hospital, Block Kotputali, Jaipur- I, Rajasthan.

15. Devendra Kumar Yadav S/o Shri Ram Ji Lal Yadav, Aged About 26 Years, Phc Bhonawas, Block Kotputali, Jaipur-I

16. Rajesh Kumar Arya S/o Sultana Ram Arya, Aged About 25 Years, Chc Nareda, Block Kotputali, Jaipur-I, Rajasthan.

----Petitioners Versus

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

2. Director, (Public Health) Medical And Health Service, Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur

3. Joint Secretary, Finance Department, Government Of Rajasthan, Secretariat, Jaipur

4. Rajasthan Medical Service Corporation Department, Through Its Chairman/ Managing Director, Gandhi Block, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

5. Nodal Officer, Mndy/ Mnjy, Medical And Health Services, Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.

6. Chief Medical And Health Officer, Jaipur-I And Ii.

7. Chief Medical And Health Officer, Jhalawar.

----Respondents

For Petitioner(s) : Mr. Shreekant Verma Mr. Tanwar Singh Rathore

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For Respondent(s) : Mr. Gaurav Ranka for Ms. Vandana Bhansali

JUSTICE DINESH MEHTA

Order

26/04/2023

1. All these writ petitions involve common question of facts and

law. For the purpose of brevity, the facts of S.B. Civil Writ Petition

No.2998/2018 (Maneesh Yadav & Ors. Vs. State of Rajasthan &

Ors.) are being taken into consideration.

2. The petitioners were working on contract basis at different

posts such as man with machine, computer operator, pharmacists,

etc., through Rajasthan Medical Relief Society.

3. Learned counsel for the petitioners submitted that issue

involved in the present writ petitions is squarely covered by a

judgment of co-ordinate Bench of this Court in the case of Pankaj

Kumar Upadhyay & Ors. Vs. State of Rajasthan & Ors. in

S.B.C.W.P. No.953/2017 decided on 20.03.2017, which has

been affirmed by Division Bench vide its judgment dated

08.01.2018.

4. In the case of Pankaj Kumar Upadhyay (supra), co-ordinate

Bench of this Court has held thus:

" In view of the above, the present petitions deserve to be allowed. The impugned orders dated 16.12.2016 are set aside qua the petitioners, vide which they are being sought to be replaced or their services are being extended only upon being engaged through placement agency. The respondents shall

[2023/RJJD/012202] (13 of 14) [CW-2998/2018]

continue to utilize the services of the petitioners as Computer Operators with machine on contractual basis and shall not replace them by another set of contractual employees either through direct appointment or placement agency. The services of the petitioners shall be renewed periodically till requirement of the services subsists and their services are found to be satisfactory or till the regular appointments are made.

The writ petitions are accordingly allowed in the above terms".

5. Learned counsel for the respondents is not in a position to

dispute the aforesaid position of fact and law.

6. Having heard learned counsel for the parties and considering

that the order impugned in the present writ petitions is the same,

which was involved in the case of Pankaj Kumar Upadhyay

(supra), i.e. order dated 16.12.2016, the present writ petitions are

also disposed of.

7. The impugned order dated 16.12.2016 qua each of the

petitioners is hereby quashed.

8. It is hereby directed that the respondents shall continue to

utilize the services of the petitioners as computer operator, man

with machine, pharmacists, etc., (as the case may be) and shall

not replace them by another set of contractual employees either

through direct engagement or through placement agency.

9. The services of the petitioners shall be continued till the

requirement persists. The respondents shall be free to disengage

[2023/RJJD/012202] (14 of 14) [CW-2998/2018]

the petitioners in accordance with law if their services are found

unsatisfactory.

10. Needless to observe that the respondents shall also be free

to disengage the petitioners, if they acquire any disqualification or

attain superannuation age.

11. The stay petition(s) also stand disposed of accordingly.

(DINESH MEHTA),J 100-107-pooja/-

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