Tilok Chand vs The State Of Rajasthan ...
2023 Latest Caselaw 6210 Raj

[2023:RJ-JD:26758]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12172/2023

1. Tilok Chand S/o Bhagwan Lal, Aged About 32 Years, At Present Working As Machine With Man (Mndy) At Phc Daidaspura, District Sri Ganganagar.

2. Gurmeet Singh S/o Surjeet Singh, Aged About 31 Years, At Present Working As Machine With Man (Mndy) At Chc Nirwana, District Sri Ganganagar.

3. Harpreet Singh S/o Chhinder Pal Singh, Aged About 27 Years, At Present Working As Machine With Man (Mndy) At Chc Mirjewala, District Sri Ganganagar.

4. Smt. Shalu Kamra W/o Gourav Kumar, Aged About 39 Years, At Present Working As Machine With Man (Mndy) At Chc Kesrisinghpur, District Sri Ganganagar.

5. Niteesh Kumar S/o Ved Prakash, Aged About 33 Years, At Present Working As Machine With Man (Mndy) At Phc Dungarsinghpura, District Sri Ganganagar.

6. Sitaram S/o Hetram, Aged About 38 Years, At Present Working As Machine With Man (Mndy) At Phc Sardargarh, District Sri Ganganagar.

7. Parmila W/o Sitaram, Aged About 36 Years, At Present Working As Machine With Man (Mndy) At Phc Dabla, District Sri Ganganagar.

8. Gaurav Kumar S/o Daman Kumar, Aged About 33 Years, At Present Working As Machine With Man (Mndy) At Phc Koni, District Sri Ganganagar.

9. Omprakash S/o Jagannath Kamboj, Aged About 36 Years, At Present Working As Machine With Man (Mndy) At Phc Kharla, District Sri Ganganagar.

10. Virendra Singh S/o Satnam Singh, Aged About 30 Years, At Present Working As Machine With Man (Mndy) At Phc Rojari, District Sri Ganganagar.

11. Subhash Chand S/o Raja Ram, Aged About 34 Years, At Present Working As Machine With Man (Mndy) At Phc Manjuwas, District Sri Ganganagar.

----Petitioners Versus

1. The State Of Rajasthan, Served To Be Through Secretary

[2023:RJ-JD:26758] (2 of 4) [CW-12172/2023]

Medical And Health Department, Government Of Rajasthan, Jaipur

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

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

4. The Chief Medical And Health Officer, Sriganganagar.

5. The Rajasthan Medical Relief Society Sriganganagar, Through Its Secretary.

----Respondents

For Petitioner(s) : Mr. N.R. Budania For Respondent(s) : Mr. Karan Singh Rajpurohit, AAG with Mr. Lucky Rajpurohit

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 operators 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 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

[2023:RJ-JD:26758] (3 of 4) [CW-12172/2023]

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 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."

[2023:RJ-JD:26758] (4 of 4) [CW-12172/2023]

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.

(VINIT KUMAR MATHUR),J 128-/AnilSingh/-

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