Rajesh Saini vs State Of Rajasthan ...
2023 Latest Caselaw 6013 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2150/2023

1. Rajesh Saini S/o Ram Swrupe Malakar, Aged About 41 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

2. Om Prakash Sadhu S/o Nand Das, Aged About 36 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

3. Nahar Singh Rajput S/o Ganpat Singh Rajput, Aged About 35 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

4. Kapil Jamad S/o Rajesh Jamad, Aged About 30 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

5. Ashok Gaur S/o Rameshwar Lal Gour, Aged About 41 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

6. Shilpa Sharma D/o Nand Lal Sharma, Aged About 32 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

7. Bharat Kumawat S/o Omprakash, Aged About 29 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

8. Shreekant Dadhich S/o Durga Prasad, Aged About 31 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

9. Narendra Khateek S/o Ganesh Lal, Aged About 36 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

10. Satya Narayan S/o Ugma Ram Choudhary, Aged About 28 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

11. Ramesh Sharma S/o Late Sh Satya Narayan Sharma, Aged About 33 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

12. Gopal Lal Komal S/o Babu Lal, Aged About 54 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

13. Rakesh Kumar Lakhan S/o Kishan Lal, Aged About 36 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

14. Manju Solanki W/o Lal Chand, Aged About 35 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

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15. Sharda Mali S/o Gordhan, Aged About 40 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

16. Kanchan D/o Kallu Singh, Aged About 50 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

17. Surya Prakash S/o Nand Lal, Aged About 35 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

18. Deepak Malakar S/o Ganesh Lal, Aged About 34 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

19. Ajit Singh Rathore S/o Mool Singh, Aged About 31 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

20. Chetan Kumar Kumawat S/o Vishnu Kumar Kumawat, Aged About 31 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

21. Hari Shankar S/o Harji Ram, Aged About 43 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

22. Jitendra Sharma S/o Mukesh Dutt Sharma, Aged About 29 Years, Working At Sdh Y.n. Hospital, Block Kishangarh, Ajmer.

----Petitioners Versus

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

2. Principal Secretary, Department Of Personnel, Government Of Rajasthan, Secretariat, Jaipur.

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

4. Managing Director, N.h.m. Swasthya Bhawan, Jaipur.

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

6. Director (Non-Gazetted), Medical And Health Services, Government Of Rajasthan, Jaipur.

7. Nodal Officer (Mndy), Medical And Health Services, Jaipur.

8. Rajasthan Medical Services Corporation Ltd. (Rmsc), Through Its Managing Director, Department Of Medical And Health, Swasthya Bhawan, Jaipur.

9. Chief Medical And Health Officer, Ajmer.

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10. Secretary, Medical Relief Society, Government Yogya Narayan District Hospital, Kishangarh, Ajmer.

11. Principal Medical Officer, Government Yogya Narayan District Hospital, Kishangarh, Ajmer.

----Respondents

For Petitioner(s) : Mr. Vishwajeet Singh Ranawat

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

18/08/2023

Heard learned counsel for the petitioners.

The present writ petition has been filed with following

prayers:-

"I. By an appropriate writ, order or direction, the respondents may kindly be directed to regularize the services of the petitioners on their respective posts after screening and consequently, give all the benefits of the services from the date of their respective initial date of appointment in view of the provisions of Rajasthan Contractual Hiring to Civil Posts Rules, 2022.

II. By an appropriate writ, order or direction, the respondents may kindly be directed to treat the petitioners at par to the other employees who have been extended the benefits under the Rules of 2022."

Learned counsel for the petitioners submits that the

controversy involved in the present writ petition is squarely

covered by a judgment of this Court rendered in S.B. Civil Writ

Petition No.483/2023 (Hitesh Kumar & Ors. Vs. State of

Rajasthan & Ors.) and other connected matters, decided on

19.07.2023 in the following terms:-

"8. Having regard to the rival stands, instead of deciding petitioners' entitlement at this stage, as the same would require factual determination of various aspects, all

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these writ petitions are disposed of with the directions to each of the petitioners to file his/her representation before the CMHO of his/her District, where they are/were engaged.

9. It will be required of the petitioners to file a copy of the advertisement, appointment letter by the CMHO or any other competent Government official and/or a copy of the contract.

10. The representation aforesaid be filed on or before 10.08.2023.

11. The concerned CMHO shall consider candidature of each of the petitioners separately in terms of the Rules of 2022, particularly Rule 3 of the Rules of 2022. He shall clearly indicate as to whether appointment of the petitioner was under scheme or project of the State Government and he/she was engaged through public advertisement. The CMHO shall decide the representation of the petitioners on or before 15.09.2023.

12. The concerned CMHO shall forward the list of all the candidates, who fulfill the conditions of the Rules of 2022, to the Director Medical Health.

13. The Director Medical & Health shall consolidate list so sent by all the CMHOs and recommend the names to the Finance Department for doing the needful in accordance with law.

14. Once, such list is received from the Director Medical & Health, the needful in accordance with law will be done by the Finance Department within a period of four weeks.

15. It is hereby made clear that this Court has not pronounced upon the eligibility or entitlement of any of the candidates under the Rules of 2022. In case any candidate has been engaged through placement agency, the concerned CMHO shall seek guidance from the State Government (Finance Department) and decide his/her case individually.

16. If final decision of the CMHO concerned or State Government is prejudicial to the rights of the petitioner(s), he/she/they will be free to take legal remedies in accordance with law.

17. Stay petitions also stand disposed of."

Learned counsel for the petitioners submits that he may be

permitted to file a representation to the respondents afresh for

redressal of the grievances in light of the judgment rendered by

this Court in the case of Hitesh Kumar (supra).

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In view of the submission made by the learned counsel for

the petitioners, the present writ petition is disposed of with a

direction to the respondents to decide the representation of the

petitioners strictly in accordance with law, considering the

judgment rendered by this Court in the case of Hitesh Kumar

(supra), if the case of the petitioner stands on the same footing.

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(VINIT KUMAR MATHUR),J

34-Shahenshah/-

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