Rajasthan High Court - Jodhpur

Rupa Ram vs State Of Rajasthan ... on 23 August, 2023

Bench: Vinit Kumar Mathur

[2023:RJ-JD:26733]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12183/2023

1. Rupa Ram S/o Shree Nimbaram, Aged About 36 Years, R/o At Present Working As Machine With Man (Mndy), Chc Nokha Block Nokha Distt. Bikaner.

2. Vikas Kumar Ranga S/o Shree Yugal Narayan Ranga, Aged About 34 Years, R/o At Present Working As Machine With Man (Mndy), D.t.c.bikanerdistt.bikaner.

3. Yogesh Ojha S/o Shree Shyamlal Ojha, Aged About 34 Years, R/o At Present Working As Machine With Man (Mndy),phc Jaimalsar Block - Bikanerdistt. Bikaner

4. Vishnu Sharma S/o Shree Bajarang Lal Sharma, Aged About 29 Years, R/o At Present Working As Machine With Man (Mndy),chc Gudhagorji Block - Udaipurwati. Distt.jhunjhunu.

5. Kuldeep Singh Shekhawat S/o Shree Rajendra Singh Shekhawat, Aged About 36 Years, R/o At Present Working As Machine With Man (Mndy), Chc Gudhagorji Block - Udaipurwati. Distt.jhunjhunu.

6. Anand Singh S/o Bishan Singh, Aged About 32 Years, R/o At Present Working As Machine With Man (Mndy), Phc Titanwar Block - Udaipurwati. Distt.jhunjhunu.

7. Rakesh Sharma S/o Shree Mata Deensharma, Aged About 36 Years, R/o At Present Working As Machine With Man (Mndy),chc Ponkh Block - Udaipurwati. Distt. Jhunjhunu.

8. Anil Kumar S/o Amichand, Aged About 34 Years, R/o At Present Working As Machine With Man (Mndy), Chc Gudhagorji, Block - Udaipurwati. Distt.jhunjhunu.

9. Harlalsaini S/o Bhinwaramsaini, Aged About 39 Years, R/o At Present Working As Machine With Man (Mndy),phcchanwara Block - Udaipurwati. Distt.jhunjhunu.

10. Kamal Kumari W/o Jogendra Singh, Aged About 39 Years, R/o At Present Working As Machine With Man (Mndy),chc Baragoan Block - Udaipurwati. Distt.jhunjhunu.

11. Surendra Kumar S/o Jagdish Prasad, Aged About 32 Years, R/o At Present Working As Machine With Man (Mndy),phcbhorki Block - Udaipurwati. Distt.jhunjhunu.

12. Satya Narayan Darj S/o Banwarilal Tailor, Aged About 32

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Years, R/o At Present Working As Machine With Man (Mndy),phcchhapoli Block - Udaipurwati. Distt.jhunjhunu.

13. Mukesh Kumar S/o Shankar Lal, Aged About 38 Years, R/o At Present Working As Machine With Man (Mndy),phcpachlangi Block - Udaipurwati. Distt.jhunjhunu.

14. Hawa Singh Barasara S/o Shriram Barasara, Aged About 34 Years, R/o At Present Working As Machine With Man (Mndy),phcmanakasa Block - Udaipurwati. Distt.jhunjhunu

15. Shubham Jain S/o Hemkumar Jain, Aged About 33 Years, R/o At Present Working As Machine With Man (Mndy), Chc Khandar, Block Khandar Distt. Sawaimadhopur (Raj.)

16. Manoj Kumar Jangid S/o Ramswaroopjangid, Aged About 34 Years, R/o At Present Working As Machine (Mndy), Chc Khandar, Block Khandardistt. Sawaimadhopur (Raj.)

17. Sunita Swarnkar D/o Ashok Kumar Swarnkar, Aged About 30 Years, R/o At Present Working As Machine With Man (Mndy), Chcbharawandakhurd, Block Khandardistt. Sawaimadhopur (Raj.)

18. Murari Lal Rathor S/o Nandkishor, Aged About 40 Years, R/o At Present Working As Machine With Man (Mndy), Phc Baler, Blockkhandardistt. Sawaimadhopur (Raj.)

19. Bhuvanesh Kumar Mathuriya S/o Girraj Prasad Mathuriya, Aged About 33 Years, R/o At Present Working As Machine With Man (Mndy), Phc Bahrawandakalan, Block Khandardistt. Sawaimadhopur (Raj.)

20. Omprakash Mangawa S/o Rameshwarlal Mangawa, Aged About 34 Years, R/o At Present Working As Machine With Man (Mndy), Phc Theekriya, Block Khandela Distt. Sikar.

21. Ashok Kumar Mangawa S/o Ramavtarmangawa, Aged About 32 Years, R/o At Present Working As Machine With Man (Mndy),phcbhadwari, Block Khandeladistt. Sikar

22. Surajbhan S/o Bholu Ram, Aged About 35 Years, R/o At Present Working As Machine With Man (Mndy), Chc Khandela, Block Khandela, Distt. Sikar.

23. Smt. Uma Devi W/o Surajbhan, Aged About 34 Years, R/o At Present Working As Machine With Man (Mndy),chc Khandela, Block Khandela, Distt. Sikar

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24. Anil Kumar Sain S/o Raju Lal Sain, Aged About 34 Years, R/o At Present Working As Machine With Man (Mndy),phc Khoor , Block -Dantaramgarh,distt. Sikar

25. Mahesh Kumar Fardoliya S/o Rameshwar Lal Fardoliya, Aged About 34 Years, R/o At Present Working As Machine With Man (Mndy),chc Khatushyamji, Block Dantaramgarh, Distt. Sikar.

26. Vinodkumar S/o Boduram, Aged About 45 Years, R/o At Present Working As Computer Operator At Chc Mau, Block Shrimadhopur, Distt. Sikar.

27. Jaswant Singh Chouhan S/o Shrijagdish Singh, Aged About 30 Years, R/o At Present Working As Machine With Man (Mndy), Phc Gurara Block Khandela Dist. Sikar

28. Vinay Kumar Sain S/o Chhaju Lal Sain, Aged About 33 Years, R/o At Present Working As Machine With Man (Mndy), Phc Chokri Block Khandela Dist. Sikar

29. Meenabarala S/o Radhulalbarala, Aged About 33 Years, R/o At Present Working As Machine With Man (Mndy), Phc Hod Block Khandela Dist. Sikar

30. Sunita Devi W/o Ramchandra, Aged About 33 Years, R/o At Present Working As Computer Operator At Chc Khatushyamji, Block Dantaramgarh, Distt. Sikar.

31. Surendra Kumar Pilania S/o Bajranglal, Aged About 30 Years, R/o At Present Working As Computer Operator At Pmo S.k. Hospital Sikar, Dist. Sikar

----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,

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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, Bikaner.

10. Chief Medical And Health Officer, Jhunjhunu.

11. Chief Medical And Health Officer, Sikar.

12. Chief Medical And Health Officer, Sawaimadhopur.

13. Principal Medical Officer, S.k. Hospital District Sikar.

14. Rajasthan Medical Releif Society, Bikaner, Through Secretary, District Bikaner.

15. Rajasthan Medical Releif Society, Jhunjhunu, Through Secretary, District Jhunjhunu.

16. Rajasthan Medical Releif Society, Sikar, Through Secretary, District Sikar.

17. Rajasthan Medical Releif Society, Sawaimadohpur, Through Secretary, District Sawaimadhopur.

                                                                   ----Respondents


For Petitioner(s)          :    Mr. Manvendra Singh
For Respondent(s)          :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

23/08/2023

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 the post of Computer Operator (Machine with man) after screening and consequently, give all the benefits of the services from the date of their respective initial date of appointment

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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 treated 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 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

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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).

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 petitioners stand 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.