Rajasthan High Court - Jodhpur

Purushotam Sharma vs State Of Rajasthan ... on 23 August, 2023

Bench: Vinit Kumar Mathur

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12188/2023

1. Purushotam Sharma S/o Pukhraj Sharma, Aged About 35 Years, At Present Working At Chc, Borunda, Block Pipar City, District Jodhpur.

2. Bhagirath Sengva S/o Mangi Lal, Aged About 42 Years, R/o At Present Working At Chc, Borunda, Block Pipar City, District Jodhpur.

3. Chotu Ram Meghwal S/o Ramdeen, Aged About 47 Years, R/o At Present Working At Chc, Borunda, Block Pipar City, District Jodhpur.

4. Suresh Dewasi S/o Bhanwar Lal, Aged About 28 Years, R/o At Present Working At Sub-District Salawas, District Jodhpur.

5. Bindiya Joshi W/o Manoj Joshi, Aged About 47 Years, R/o At Present Working At Mahila Baag, Hospital, District Jodhpur.

6. Bhupendra Singh S/o Omprakash, Aged About 38 Years, R/o Vpo Ratkudia, Peepar City, District Jodhpur.

7. Rakesh S/o Ramniwas, Aged About 27 Years, R/o Khariya, Khangar, Tehsil Peepar City, District Jodhpur.

8. Purkha Ram S/o Prithvi Raj, Aged About 47 Years, R/o At Present Working At Chc, Napasar, District Bikaner.

9. Sapna Saxena D/o Sandeep Saxena, Aged About 28 Years, R/o At Present Working At Sub District Hospital, Sri Dungargarh, District Bikaner.

10. Pawan Nai S/o Seeta Ram, Aged About 30 Years, R/o At Present Working At Sub District Hospital, Sri Dungargarh, Bikaner.

11. Dhruv Pal Swami S/o Purushotam Swami, Aged About 30 Years, R/o At Present Working At Sub District Hospital, Sri Dungargarh, Bikaner.

12. Devendra Sharma S/o Surendra Sharma, Aged About 30 Years, R/o At Present Working At Chc, Diggi, District Tonk.

13. Avdesh Kumar Gauttam S/o Shiv Bhagvan, Aged About 30 Years, R/o At Present Working At Chc, Diggi, District Tonk.

14. Hemlata W/o Heera Lal, Aged About 30 Years, R/o

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Mathaniya, District Jodhpur.

15. Kailash Singh S/o Chandra Singh, Aged About 31 Years, R/o Working At District Hospital Kuchaman City, Deedwana.

16. Gajanand Sharma S/o Nand Lal Sharma, Aged About 34 Years, R/o At Present Working At Sdh Parbatsar District Nagour Rajasthan.

17. Man Singh Rathore S/o Veer Bahadur Singh, Aged About 28 Years, R/o At Present Working At Sdh Parbatsar District Nagaur Rajasthan.

18. Devika Netra D/o Goga Ram Netra, Aged About 28 Years, R/o At Present Working At Chc Borawar, District Nagaur, Rajasthan.

19. Kishan Lal Saini S/o Richhpal Saini, Aged About 38 Years, R/o At Present Working At Govt. Bdm District Hospital Kotputli, Jaipur, Rajasthan.

20. Pooran Mal Saini S/o Yadnarayan Saini, Aged About 36 Years, R/o At Present Working At Govt. Bdm District Hospital Kotputli, Jaipur, Rajasthan.

21. Vikash Kumar Choudhary S/o Mam Chand, Aged About 32 Years, R/o At Present Working At Govt. Bdm District Hospital Kotputli, Jaipur.

22. Jagdish Gurjar S/o Bhanwar Lal Gurjar, Aged About 27 Years, R/o At Present Working At Chc Nikumbh, Block- Bari Sadri, Dist. - Chittorgarh.

23. Pooja Kumari Garg D/o Ashok Kumar Garg, Aged About 30 Years, R/o At Present Working At Chc - Mandphiya, Block - Bhadesar, Dist. - Chittorgarh.

24. Praveen Jatiya S/o Shyam Lal Jatiya, Aged About 31 Years, R/o At Present Working At Chc Binota, Block - Nimbahera, District Chittorgarh.

25. Sanjay Bairagi S/o Bhanwar Das Bairagi, Aged About 21 Years, R/o At Present Working At Chc - Kanera, Block Nimbaher, District- Chittorgarh.

26. Lokesh Kumar Gurjar S/o Naina Lal, Aged About 28 Years, R/o At Present Working At Chc - Sarola Kalan, Block- Khanpur District Jhalawar.

27. Harish Chand Potter S/o Kalu Lal, Aged About 39 Years,

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R/o At Present Working At Chc - Sarola Kalan, Block - Khanpur, Dist.- Jhalawar.

28. Kailash Saini S/o Radheshyam Mali, Aged About 32 Years, R/o At Present Working At Chc - Aligarh, Block Uniyara District Tonk

29. Ashok Singh S/o Ugam Singh, Aged About 31 Years, R/o At Present Working At Chc - Bera, Dist. - Pali.

30. Chandra Prakash Parth S/o Suraj Mal Parth, Aged About 34 Years, R/o At Present Working At Chc Khanpur, Block - Khanpur, District Jhalawar.

31. Yogendra Kumar Nagar S/o Ramdas, Aged About 30 Years, R/o At Present Working At Chc - Khanpur, Block Khanpur, District Jhalawar.

32. Rajesh Gurjar S/o Kalu Ram Gurjar, Aged About 35 Years, R/o Present Working At Saadat Hospital Tonk

33. Rajender Prasad Jangid S/o Rameshwar Prasad Jangid, Aged About 33 Years, R/o At Present Working At Govt. Saadhat Hospital Tonk Dist. - Tonk.

34. Akhilesh Jain S/o Mahendra Kumar Jain, Aged About 30 Years, R/o At Present Working At Chc- Deoli, Block - Deoli, District- Tonk.

35. Jeetendra Kumar S/o Bhoop Sigh, Aged About 35 Years, R/o At Present Working At Chc Bayana Dist.- Bharatpur.

36. Vinod Kumar Sharma S/o Girraj Prasad Sharma, Aged About 34 Years, R/o At Present Working At Chc- Bayana Bharatpur.

37. Ramraj Meghwanshi S/o Hansraj Meghwanshi, Aged About 26 Years, R/o At Present Working At District Hospital Kekri.

38. Mukesh Kumar Pandey S/o Mahaveer Prasad Pandey, Aged About 41 Years, R/o At Present Working At District Hospital Kekri.

39. Manraj Gurjar S/o Bhanwar Lal Gurjar, Aged About 30 Years, R/o At Present Working At District Hospital Kekri.

40. Anil Kumar Sharma S/o Susheel Kumar Sharma, Aged About 33 Years, R/o At Present Working At Chc Paota Jaipur.

41. Rampal Jangid S/o Prahlad Jangid, Aged About 29 Years,

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R/o At Present Working At Chc, Peeplu District Tonk Rajasthan.

42. Raghu Sharma S/o Vidya Prakash Sharma, Aged About 33 Years, R/o At Present Working At Chc Kaladera District Jaipur Rajasthan.

43. Jaideep Singh Naruka S/o Devendra Pratap Singh Naruka, Aged About 31 Years, R/o Swasthya Marg Darshak Dist Tonk.

44. Surendra Prakash Tailor S/o Kapurchand, Aged About 38 Years, R/o At Present Working At Chc, Ahore, District Jalore.

45. Prithvi Raj Singh S/o Kishor Singh, Aged About 26 Years, R/o At Present Working At Chc, Ahore, District Jalore.

46. Gajendra Singh S/o Suraj Singh, Aged About 38 Years, R/o At Present Working At Chc, Ahore, District Jalore.

47. Mangala Ram S/o Roopa Ram, Aged About 29 Years, R/o At Present Working At Phc, Guda Balotan, District Jalore.

48. Mahaveer Prasad Sharma S/o Onkarmal, Aged About 48 Years, R/o At Present Working At Chc, Sandwa, District Churu.

----Petitioners Versus

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

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

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

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

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

6. Mission Director, Nhm, Jaipur.

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

8. Chief Executive Officer, State Health Assurance Agency, Jaipur.

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

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

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

12. Chief Medical And Health Officer, Jaipur.

13. Rajasthan Medical Relief Society, Jaipur, Through Secretary, District Jaipur.

14. Chief Medical And Health Officer, Jodhpur.

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

16. Chief Medical And Health Officer, Bikaner.

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

18. Chief Medical And Health Officer, Tonk.

19. Rajasthan Medical Relief Society, Tonk, Through Secretary, District Tonk.

20. Chief Medical And Health Officer, Nagaur.

21. Rajasthan Medical Relief Society, Nagaur, Through Secretary, District Nagaur.

22. Chief Medical And Health Officer, Chittorgarh.

23. Rajasthan Medical Relief Society, Chittorgarh, Through Secretary, District Chittorgarh.

24. Chief Medical And Health Officer, Jhalawar.

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

26. Chief Medical And Health Officer, Pali.

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

28. Chief Medical And Health Officer, Bharatpur.

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

30. Chief Medical And Health Officer, Ajmer.

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

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32. Chief Medical And Health Officer, Churu.

33. Rajasthan Medical Relief Society, Churu, Through Secretary, District Churu.

34. Chief Medical And Health Officer, Jalore.

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

36. Principal Medical Officer, District Hospital Kuchaman City District - Didwana-Kuchaman City Nagaur.

37. Principal Medical Officer, Sdh, Parbatsar District Nagaur.

38. Govt.bdm District Hospital Kotputli, Jaipur.

39. Principal Medical Officer, District Hospital, Kekdi, Ajmer.

40. Principal Medical Officer, Sahadat Hospital, (District Hospital), Tonk.

41. Principal Medical Officer, Luni, District Jodhpur.

42. Sub-District Hospital, Sri Dungargarh, Bikaner.

                                                                    ----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 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

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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 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

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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.