Roop Ram vs The State Of Rajasthan ...
2023 Latest Caselaw 5442 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4173/2019

1. Roop Ram S/o Jagdish, Aged About 37 Years, At Present Working At Chc Goluwala, District Hanumangarh.

2. Ved Prakash S/o Raji Ram, Aged About 35 Years, R/o At Present Working At Phc Jhakhravali, District Hanumangarh.

3. Gurjant Singh S/o Bhura Singh,, Aged About 37 Years, R/ o At Present Working At Chc Pilibanga, District Hanumangarh.

4. Gulam Khawaja S/o Shahswar, Aged About 27 Years, R/o At Present Working At Dabliwas Middarohi, District Hanumangarh.

5. Surander Kumar S/o Rampratap, Aged About 28 Years, R/ o At Present At Phc Daultanwali, District Hanumangarh.

6. Vinod Kumar S/o Rohtosh Kumar,, Aged About 30 Years, R/o At Present Working At Phc Likhmisar, District Hanumangarh.

7. Pawan Kumar S/o Krishan Kumar, Aged About 29 Years, R/o At Present Working At Chc Dablirathan, District Hanumangarh.

8. Vishnu Bhagwan S/o Chunni Lal, Aged About 31 Years, R/ o At Present Working At Chc Pilibanga, District Hanumangarh.

9. Manoj Kumar S/o Chanderbhan, Aged About 35 Years, R/ o At Present Working At Chc Rawatsar, District Hanumangarh.

10. Gurutek Singh S/o Ruldu Singh,, Aged About 35 Years, R/ o At Present Working At Chc Goluwala, District Hanumangarh.

11. Vipin Kumar S/o Sajan Ram,, Aged About 29 Years, R/o At Present Working At Chc Tibbi, District Hanumangarh.

12. Pawan Kumar S/o Gyani Ram,, Aged About 36 Years, At Present Working At Chc Tibbi, District Hanumangarh.

13. Nishan Singh S/o Satnam Singh,, Aged About 22 Years, R/o At Present Working At Government Hospital, Canal Colony, District Hanumangarh.

14. Sukhchain Singh S/o Harchand Singh, Aged About 30 Years, R/o At Present Working At Government Hospital, Canal Colony, District Hanumangarh.

15. Anil Godara S/o Prabhu Ram Godara,, Aged About 25 Years, R/o At Present Working At Phc Kishanpura Dikhnadha, District Hanumangarh.

16. Rajesh Kumar S/o Indra Pal, Aged About 19 Years, R/o At Present Working At Phc Araivali, District Hanumangah.

17. Sudheer Kumar S/o Durga Dutt,, Aged About 25 Years, R/ o At Present Working At Phc Rampuramatoria, District

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Hanumangarh.

18. Krishan Kumar Bijarania S/o Ram Singh Bijarania, Aged About 33 Years, R/o At Present Working At Chc Fefana, District Hanumangarh.

19. Naresh Kumar S/o Sultan Singh,, Aged About 30 Years, R/o At Present Working At Chc Fefana, District Hanumangarh.

20. Rajpal S/o Rewanta Ram,, Aged About 25 Years, R/o At Present Working At Phc Modhunagar, District Hanumangarh.

21. Subhash Kumar S/o Omprakash, Aged About 27 Years, R/ o At Present Working At Chc Pilibanga, District Hanumangarh.

22. Udaydeep Singh S/o Chanderbhan, Aged About 34 Years, R/o At Preent Working At Government Hospital Hanumangarh Junction, District Hanumangarh.

23. Jitender Sharma S/o Bhanwar Lal, Aged About 37 Years, R/o At Present Working At Chc Rawatsar, District Hanumangarh.

24. Rakesh Kumar S/o Pat Ram, Aged About 38 Years, R/o At Present Working At Chc Goluwala, District Hanumangarh.

25. Raghuveer S/o Chunni Lal, Aged About 29 Years, R/o At Present Working At Chc Pilibanga, District Hanumangarh.

26. Bheem S/o Dhanpat, Aged About 25 Years, R/o At Present Working At Chc Tibbi, District Hanumangarh.

27. Pawan Kumar S/o Khiraj Ram, Aged About 25 Years, R/o At Present Working At Chc Goluwala, District Hanumangarh.

28. Vakil Singh S/o Raj Singh,, Aged About 24 Years, R/o At Present Working At Chc Goluwala, District Hanumangarh.

29. Bhupender Kumar S/o Rampratap, Aged About 24 Years, R/o At Present Working At Chc Goluwala, District Hanumangarh.

30. Sharvan Kumar S/o Vinod Kumar, Aged About 24 Years, R/o At Present Working At Chc Goluwala, District Hanumangarh.

31. Rajesh Kumar S/o Omprakash, Aged About 29 Years, R/o At Present Working At Chc Goluwala, District Hanumangarh.

32. Rakesh Kumar S/o Lilu Ram,, Aged About 25 Years, R/o At Present Working At Chc Pilibanga District Hanumangarh.

33. Jaipal S/o Mahaveer Prasad, Aged About 40 Years, At Present Working At Chc Pilibanga, District Hanumangarh.

34. Rejendar Sister/o Hakam Singh, Aged About 43 Years, At Present Working At Chc Pilibanga, District Hanumangarh.

35. Sandeep Kumar S/o Brij Lal, Aged About 29 Years, At

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Present Working At Chc Pilibanga, District Hanumangarh.

36. Palvinder Swami S/o Omprakash, Aged About 43 Years, At Present Working At Chc Pilibanga, District Hanumangarh.

37. Satveer Kaur D/o Makhan Singh, Aged About 30 Years, At Present Working At Chc Goluwala, District Hanumangarh.

38. Rajesh Kumar S/o Jagdish Dhanak, Aged About 30 Years, At Present Working At Chc Goluwala, District Hanumangarh.

39. Asha Ram Nayak S/o Rupa Ram Nayak, Aged About 32 Years, At Present Working At Phc Kelenya, District Hanumangarh.

40. Kanharam S/o Malaram, Aged About 31 Years, At Present Working At Chc Pallu, District Hanumangarh.

41. Mangay Ram S/o Ruldu Ram, Aged About 32 Years, At Present Working At Chc Ramgarh , District Hanumangarh.

42. Vijender Kumar S/o Devi Lal, Aged About 30 Years, At Present Working At Phc Malsisar, District Hanumangarh.

43. Ramesh Kumar S/o Hari Singh, Aged About 32 Years, At Present Working At Chc Chanibari , District Hanumangarh.

44. Surender Kumar S/o Mahender Singh, Aged About 28 Years, At Present Working At Phc Bhirani, District Hanumangarh.

45. Krishan Kumar S/o Dana Ram, Aged About 28 Years, At Present Working At Phc Thirana District Hanumangarh.

46. Kalu Ram S/o Kashiram, Aged About 24 Years, At Present Working At Phc Birkawali District Hanumangarh.

47. Randheer Singh S/o Dharam Pal, Aged About 39 Years, At Present Working At Chc Bhadra District Hanumangarh.

48. Krishan Kumar S/o Sheolal, Aged About 36 Years, At Present Working At Chc Bhadra District Hanumangarh.

49. Anand Swaroop S/o Ramswaroop, Aged About 29 Years, At Present Working At Chc Chanibari District Hanumangarh.

50. Rajender Singh S/o Sajjan Singh, Aged About 25 Years, At Present Working At Chc Jandawali District Hanumangarh.

51. Rajesh S/o Hanuman, Aged About 27 Years, At Present Working At Chc Bhadra District Hanumangarh.

52. Naveen Jhajhria S/o Om Prakash, Aged About 37 Years, At Present Working At Chc Bhadra District Hanumangarh.

53. Narendra Kumar S/o Poonam Chand, Aged About 42 Years, At Present Working At Chc Bhadra District Hanumangarh.

54. Bhanu Pratap Singh S/o Vijay Singh Sankkhla, Aged About 24 Years, At Present Working At Chc Bhadra District Hanumangarh.

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55. Robin Kumar S/o Balveer Singh,, Aged About 30 Years, At Present Working At Chc Bhadra District Hanumangarh.

56. Ajay Singh Thalor S/o Om Prakash,, Aged About 26 Years, At Present Working At Chc Bhadra District Hanumangarh.

57. Dinesh Kumar S/o Krishan Kumar,, Aged About 25 Years, At Present Working At Chc Bhadra District Hanumangarh.

58. Bhajan Lal Soni S/o Prahlad Rai Soni,, Aged About 31 Years, At Present Working At Chc Gadhibari District Hanumangarh.

59. Sandeep Kumar S/o Ram Singh,, Aged About 20 Years, At Present Working At Phc Anupshar District Hanumangarh.

60. Banshi Lal S/o Ram Chandra, Aged About 44 Years, At Present Working At Chc Bhadra District Hanumangarh.

61. Prahlad Singh S/o Jagdish Singh, Aged About 44 Years, At Present Working At Chc Bhadra District Hanumangarh.

62. Naresh Singh S/o Ishver Singh, Aged About 31 Years, At Present Working At Chc Bhadra District Hanumangarh.

63. Panalal S/o Tikuram, Aged About 40 Years, At Present Working At Chc Bhadra District Hanumangarh.

64. Sher Singh S/o Moman Ram,, Aged About 29 Years, At Present Working At Phc Dabdhi District Hanumangarh.

65. Bhim Singh S/o Hanuman, Aged About 32 Years, At Present Working At Phc Gogamedi District Hanumangarh.

66. Dalip Singh S/o Pitha Ram,, Aged About 40 Years, R/o At Present Working At Chc Gandhibari District Hanumangarh.

67. Guravindra Kour D/o Buta Singh, Aged About 30 Years, R/ o At Present Working At Phc Pakka Sarnan District Hanumangarh.

68. Rajesh Kumar S/o Rupram, Aged About 32 Years, R/o At Present Working At Phc Malsisar District Hanumangarh.

69. Jagdish Prasad S/o Dharam Chand,, Aged About 48 Years, R/o At Present Working At Phc Dabdhi, District Hanumangarh.

70. Hanuman S/o Chhaluram, Aged About 28 Years, R/o At Present Working At Phc Bhirani, District Hanumangarh.

71. Ramesh Kumar S/o Raitram,, Aged About 39 Years, R/o At Present Working At Chanibari, District Hanumangarh.

72. Ramji Lal S/o Rameshwar Lal, Aged About 43 Years, R/o At Present Working At Chc Ramgarh, District Hanumangarh.

73. Sandeep S/o Devilal, Aged About 28 Years, R/o At Present Working At Phc Urban 2, District Sriganganagar.

74. Amad Khan S/o Farid Khan,, Aged About 32 Years, R/o At Present Working At Phc Urban 2, District Sriganganagar.

75. Abhimanyu S/o Yogendra Kumar, Aged About 26 Years, R/ o At Present Working At Phc 17 Z, District Sriganganagar.

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76. Dharampal S/o Bali Ram,, Aged About 33 Years, R/o At Present Working At Phc Chunawad, District Sriganganagar.

77. Jasvinder Singh S/o Sukhmander Singh, Aged About 29 Years, R/o At Present Working At Phc Chunawad, District Sriganganagar.

78. Amratpal Singh S/o Lakshman Singh,, Aged About 29 Years, R/o At Present Working At Phc Mirzewala, District Sriganganagar.

79. Sunil Kumar S/o Sohan Singh,, Aged About 35 Years, R/o At Present Working At Uphc Gurunanak Basti, District Sriganganagar.

80. Aman Walia S/o Daulat Ram,, Aged About 26 Years, R/o At Present Working At Uphc Purani Abadi, District Sriganganagar.

81. Pooja Rani D/o Pal Singh, Aged About 23 Years, R/o At Present Working At Chc Anoopgarh, District Sriganganagar.

82. Ranchand S/o Mamraj, Aged About 35 Years, R/o At Present Working At Chc Anoopgarh, District Sriganganagar.

83. Kanhaiya Lal S/o Rajesh Kumar, Aged About 30 Years, R/o At Present Working At Chc Anoopgarh, District Sriganganagar.

84. Pravinder Kaur D/o Gurtej Singh,, Aged About 22 Years, R/o At Present Working At Chc Anoopgarh, District Sriganganagar.

85. Om Prakash S/o Ram Chandar,, Aged About 36 Years, R/o At Present Working At Phc Nahrawali, District Sriganganagar.

86. Rajendar Kumar S/o Ganesha Ram, Aged About 37 Years, R/o At Present Working At Phc Nahrawali, District Sriganganagar.

87. Baikar Sinngh S/o Jogender Singh, Aged About 35 Years, R/o At Present Working At Phc Patroda, District Sriganganagar.

----Petitioners Versus

1. The 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.

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5. Chief Medical And Health Officer, Hanumangarh.

6. Chief Medical And Health Officer, Sri Ganganagar.

----Respondents

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

JUSTICE DINESH MEHTA

Order

01/08/2023

1. Learned counsel for the petitioners submits that the

controversy involved in the present writ petition is covered by the

judgment dated 19.01.2021 rendered by this Court in the case of

Jai Prakash Ghanchi & Ors. Vs. State of Rajasthan & Ors. : S. B.

Civil Writ Petition No. 7273/2020.

2. Mr. Ranka, learned counsel for the respondents is not in a

position to dispute the aforesaid contention of the petitioners.

3. In the case of Jai Prakash Ghanchi (supra), this Court has

held thus:-

"In considered opinion of this Court, the concern shown rather grievance raised by the petitioners is genuine and the State's action/attempt of deploying placement agencies as intermediary agencies between the petitioners and the State Government, is arbitrary, as has already been held by this Court.

That apart, when the State itself has come up with an order dated 02.09.2020, doing away with the placement agencies and rightly so, the proceedings of engaging placement agencies,

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cannot be countenanced. The same are liable to be declared illegal.

Petitioners are working as Computer Operator (Man with Machine) on purely contract basis with the respondent society, namely RMRS. Introduction of placement agency would result in change in petitioners' employer.

All the writ petitions are hereby allowed. The advertisements/E-tenders issued by the respondents for engaging the petitioners through placement agencies impugned herein are hereby quashed.

The State - respondents are hereby directed to continue the petitioners engagement/ contract with Rajasthan Medicare Relief Society, in accordance with law.

Needless to observe that in case regularly selected candidates are available, the State shall be free to proceed in accordance with law, including disbanding petitioners' contract or disengaging them.

Interlocutory application(s) also stands disposed of."

4. In view of the aforesaid, the present writ petition is also

disposed of with the above mentioned terms.

5. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 57-akansha/-

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