Citation : 2023 Latest Caselaw 6214 Raj
Judgement Date : 23 August, 2023
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12125/2023
1. Praveen Kumar S/o Vagaram, Aged About 28 Years, At Present Working At Chc Ramseen, Block Jaswantpura, District Jalore.
2. Vijendra Kumar Meena S/o Shanker Lal Meena, Aged About 33 Years, R/o At Present Working As Chc - Khandeep, Block - Gangapur City, Sawai Madhopur.
3. Muhammed Ammar S/o Afroj Khan, Aged About 23 Years, R/o At Present Working At Chc - Piloda Block - Gangapur City, Sawai Madhopur, Rajasthan
4. Radharaman Singh Rajput S/o Shree Girraj Singh Rajput, Aged About 30 Years, R/o At Present Working At Govt Hospital Pmo Gangapur City Dist. Sawai Madhopur.
5. Dinesh Chand Gupta S/o Shree Kalicharan Gupta, Aged About 33 Years, R/o At Present Working As Govt Hospital Pmo Gangapur City Dist. Sawai Madhopur.
6. Meghraj Sharma S/o Shree Kamlesh Sharma, Aged About 32 Years, R/o At Present Working As Govt Hospital Pmo Gangapur City, Dist. Sawai Madhopur.
7. Vinod Saini S/o Shree Chhagan Lal Saini, Aged About 24 Years, R/o At Present Working At Govt Hospital Pmo Govt Hospital Gangapur City, Dist. Sawai Madhopur.
8. Pooja Kashyap D/o Billu Singh Kashyap, Aged About 28 Years, R/o At Present Working At Sdh Govt Hospital Rajakhera, District Dholpur.
9. Amit Kumar S/o Kishor Kumar, Aged About 27 Years, R/o At Present Working At Chc, Siyana Block- Jalore (Raj.)
10. Mahendra Kumar Bhambhu S/o Rajendra Prasad, Aged About 33 Years, R/o At Present Working At Chc -Sahwa, Block Tarangar, Dist.- Churu.
11. Umesh Kumar Dhaker S/o Kanhaiya Lal Ji Dhaker, Aged About 30 Years, R/o At Present Working At Shree Sanwariya Ji Govt, Hospital Chittorgarh.
12. Priti Diwakar D/o Kedar Nath, Aged About 30 Years, R/o At Present Working At Govt. District Hospital Dholpur,
13. Zakir Hussain Qureshi S/o Abdul Aziz Qureshi, Aged
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About 30 Years, R/o Village Bassi At Present Working At Sdh. Bassi Block - Chittorgarh, Dist. - Chittorgarh.
14. Sunil Kumar Mishra S/o Rambhrosi Lal, Aged About 39 Years, R/o At Present Working At Chc Sapotra, District. Karauli, Rajasthan.
15. Neeraj Kumar Gauttam S/o Mukesh Gauttam, Aged About 29 Years, R/o At Present Working At Chc Masalpur, District Karauli, Rajasthan
16. Dinesh Kumar Saini S/o Ramkishan Saini, Aged About 25 Years, R/o At Present Working At Chc Gudhachandraji, District- Karauli, Rajasthan.
17. Birbal Singh S/o Shubkaran Singh, Aged About 24 Years, R/o At Present Working At Phc, Dabri, Dheer Singh, District Jhunjhunu.
18. Ravi Kant Sharma S/o Sajjan Sharma, Aged About 22 Years, R/o At Present Working At Phc Bajala, District Jhunjhunu.
19. Chetan Prakash Kumawat S/o Chandra Prakash Kumawat, Aged About 32 Years, R/o At Present Working At Phc, Nyara, Block Sri Nagar, Ajmer.
20. Sagar Singh Rawat S/o Bhanwar Singh Rawat, Aged About 28 Years, R/o At Present Working At Phc, Baghsuri, Block Sri Nagar, District Ajmer.
21. Ameer Khan S/o Ayub Khan, Aged About 29 Years, R/o At Present Working At M.c.h., District Jalore, Rajasthan.
22. Abdul Hanan S/o Abdul Rehman, Aged About 30 Years, R/o At Present Working At Principal Medical Officer, Govt. Hospital, Sojat, District Pali.
23. Kuldeep S/o Ashok Kumar, Aged About 30 Years, R/o At Present Working At Govt. Hospital, Sojat City, District Pali.
24. Ashok Kumar S/o Jawari Lal, Aged About 45 Years, R/o At Present Working At Principal Medical Officer, Govt. Hospital, Sojat, District Pali.
25. Narendra Kumar S/o Hajari Ram Prajapat, Aged About 32 Years, R/o At Present Working At Jln Hospital, Nagaur, District Nagaur.
26. Devendra Dholiya S/o Lakharamdholiya, Aged About 27 Years, R/o At Present Working As
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Swasthyamargdarshakmmcsby At Jln Hospital Nagaur Veer Teja Colony Manasar Nagaur.
27. Rajendra S/o Sitaram, Aged About 21 Years, R/o At Present Working At Jln Hospital Nagaur.
28. Premprakash S/o Jetha Ram, Aged About 28 Years, R/o At Present Working At Jln Hospital Dist- Nagaur.
29. Amarchand S/o Mahendra Kumar, Aged About 24 Years, R/o At Present Working At Pjln Hospital Nagaur.
30. Raghvendra S/o Arjun Ram, Aged About 24 Years, R/o At Present Working At Jln Hospital Dist- Nagaur.
31. Mhendar Pal Meghwal S/o Kuna Ram, Aged About 24 Years, R/o At Present Working At Jln Hospital Dist- Nagaur.
32. Nirama Puniya W/o Mohan Ram, Aged About 24 Years, R/o At Present Working At Pjln Helper Dist- Nagaur.
33. Riyaz Ali S/o Mustaq Ahmed, Aged About 27 Years, R/o At Present Working At Jln Hospital Nagaur.
34. Kanwari Lal S/o Jeta Ram, Aged About 25 Years, R/o At Present Working At Jln Hospital Dist- Nagaur.
35. Sunil Beniwal S/o Ramkuwar, Aged About 20 Years, R/o At Present Working At Pjln, District Nagaur.
36. Ravindra Sen S/o Ramesh Kumar Sen, Aged About 23 Years, R/o At Present Working At Pjln Hospital Dist- Nagaur.
37. Sukha Ram S/o Jay Ram, Aged About 37 Years, R/o At Present Working At Jln Hospital Dist- Nagaur.
38. Jai Karan S/o Manroop, Aged About 26 Years, R/o At Present Working At Jln Hospital Dist- Nagaur.
39. Yogesh S/o Teja Ram Solanki, Aged About 23 Years, R/o At Present Working At Jln Hospital Nagaur.
40. Shreyarankawat D/o Sunil Kumar Rankawat, Aged About 21 Years, R/o At Present Working At Jln Govt Hospital Nagaur.
41. Tosif Raja S/o Anzar Ahmed, Aged About 23 Years, R/o At Present Working At Mndy Loharpura Nagaur.
42. Sher Mohammed S/o Imtiyaz Ali, Aged About 38 Years, R/o At Present Working At Uphc Loharpura, Nagaur.
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43. Adityaparashar S/o Rajendra Prasad, Aged About 33 Years, R/o At Present Working At Uphc Devnagar Nagaur.
44. Firoj Khan S/o Ayub, Aged About 21 Years, R/o At Present Working At Chc Gotan Nagaur.
45. Vinit Harsh S/o Narayan Krishan, Aged About 43 Years, R/o At Present Working At Janta Clinic Sanjay Colony Nagaur.
46. Amitpareek S/o Bhagwati Prasad, Aged About 29 Years, R/o At Present Working At Cmho Nagaur.
47. Mahaveerbhati S/o Sitaram Bhati, Aged About 29 Years, R/o At Present Working At Cmho Nagaur.
48. Ram Narayan Panwar S/o Chauthman, Aged About 25 Years, R/o At Present Working At Cmho Nagaur.
49. Hitesh Parasar S/o Surendra, Aged About 38 Years, R/o At Present Working At Jln, Hospital, District Nagaur, Rajasthan.
50. Arvind Kumar S/o Amar Das, Aged About 33 Years, R/o At Present Working At Govt. Hospital Rohat, District Pali.
51. Kuldeep S/o Ashok Kumar, Aged About 30 Years, R/o Harijan Basti, Outside Jaitarniya Gate, Sojat City, Pali.
52. Sarfaraj Ali S/o Akhtar Ali, Aged About 38 Years, R/o At Present Working At Govt. Hospital, District Jalore.
53. Farookh Khan S/o Ikram Khan, Aged About 39 Years, R/o At Present Working At Mmnjy, Govt. Hospital, Jalore.
54. Shyam Sundar S/o Khima Ram, Aged About 38 Years, R/o At Present Working At Mmnjy, Government Hospital, Jalore.
55. Heera Lal S/o Shankar Lal, Aged About 33 Years, R/o At Present Working At Government Hospital, Jalore.
56. Lalit Kumar S/o Hari Ram, Aged About 27 Years, R/o At Present Working At Government Hospital, Jalore.
57. Govind Garg S/o Hainmal Garg, Aged About 26 Years, R/o At Present Working At Government Hospital, Jalore.
58. Hasmukh Garg S/o Bagda Ram, Aged About 30 Years, R/o At Present Working At Government Hospital, Jalore.
59. Shankar Lal Gehlot S/o Kheta Ram, Aged About 34 Years, R/o At Present Working At Government Hospital, Jalore.
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----Petitioners Versus
1. 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 (Non-Gazetted), Department Of Medical And Health Services, Government Of Rajasthan, Jaipur
5. Director, (Public Health) Medical And Health Services, Government Of Rajasthan, Jaipur.
6. Additional Director, Medical And Health Services, Government Of Rajasthan, Jaipur.
7. Nodal Officer, Mndy, Medical And Health Services, Government Of Rajasthan, Jaipur.
8. Nodal Officer, Mnjy, Medical And Health Services, Government Of Rajasthan, Jaipur.
9. Rajasthan Medical Services Corporation Limites (Rmsc), Department Of Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its Managing Director.
10. Managing Director, N.h.m. Swasthya Bhawan, Jaipur.
11. Chief Executive Officer, State Health Assurance Agency, Jaipur
12. Mission Director, Nhm, Jaipur
13. Principal Medical Officer, Jalore.
14. Chief Medical And Health Officer, Jalore.
15. Rajasthan Medical Relief Society, Jalore, Through Secretary, District Jalore.
16. The District Collector, Jalore.
17. Principal Medical Officer, Sawai Madhopur, Rajasthan.
18. Chief Medical And Health Officer, Sawai Madhopur, Rajasthan.
19. Rajasthan Medical Relief Society, Sawai Madhopur, Through Secretary, District Sawai Madhopur..
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20. The District Collector, Sawai Madhopur, Rajasthan.
21. Principal Medical Officer, Dholpur, Rajasthan.
22. Chief Medical And Health Officer, Dholpur, Rajasthan
23. Rajasthan Medical Relief Society, Dholpur, Through Secretary, District Dholpur.
24. The District Collector, Dholpur, Rajasthan.
25. Principal Medical Officer, Churu, Rajasthan.
26. Chief Medical And Health Officer, Churu, Rajasthan.
27. Rajasthan Medical Relief Society, Churu, Through Secretary, District Churu.
28. The District Collector, Churu, Rajasthan.
29. Principal Medical Officer, Chittorgarh, Rajasthan.
30. Chief Medical And Health Officer, Chittorgarh, Rajasthan
31. Rajasthan Medical Relief Society, Chittorgarh, Through Secretary, District Chittorgarh.
32. The District Collector, Chittorgarh, Rajasthan.
33. Principal Medical Officer, Karauli, Rajasthan.
34. Chief Medical And Health Officer, Karauli, Rajasthan
35. Rajasthan Medical Relief Society, Karauli, Through Secretary, District Karauli.
36. The District Collector, Karauli, Rajasthan.
37. Principal Medical Officer, Jhunjhunu, Rajasthan.
38. Chief Medical And Health Officer, Jhunjhunu, Rajasthan
39. Rajasthan Medical Relief Society, Jhunjhunu, Through Secretary, District Jhunjhunu.
40. The District Collector, Jhunjhunu, Rajasthan.
41. Principal Medical Officer, Ajmer, Rajasthan.
42. Chief Medical And Health Officer, Ajmer, Rajasthan
43. Rajasthan Medical Relief Society, Ajmer, Through Secretary, District Ajmer.
44. The District Collector, Ajmer, Rajasthan.
45. Principal Medical Officer, Pali, Rajasthan.
46. Chief Medical And Health Officer, Pali, Rajasthan
47. Rajasthan Medical Relief Society, Pali, Through Secretary, District Pali.
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48. The District Collector, Pali, Rajasthan.
49. Principal Medical Officer, Nagaur, Rajasthan.
50. Chief Medical And Health Officer, Nagaur, Rajasthan
51. Rajasthan Medical Relief Society, Nagaur, Through Secretary, District Nagaur.
52. The District Collector, Nagaur, Rajasthan.
53. Senior Medical Officer And Incharge Uphc, Loharpura, Nagaur
54. Senior Medical Officer And Incharge Uphc, Deve Nagar Nagaur.
55. Block Chief Medical Officer, Nagaur.
56. Senior Medical Officer And Incharge Chc, Gotan, Nagaur.
57. Principal Medical Officer, Sdh Bassi, District Chittorgarh.
58. Principal Medical Officer, Mch, District Jalore.
59. Principal Medical Officer, Gangapur City, District Sawai Madhopur.
60. Principal Medical Officer, Sahid Ragvendra Singh Parihar, (Sdh), Govt. Hospital Dholpur, Rajasthan.
61. Principal Medical Officer, District Hospital (Swatantrata Sainani Dr. Mangal Singh Hospital), District Dholpur.
----Respondents
For Petitioner(s) : Mr. Manvendra Singh for Mr. Shreekant Verma
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
23/08/2023
1. Petitioners' grievance is that they were working on contract
basis under the respondents, and they are apprehending
disengagement of their services.
2. Learned counsel for the petitioners submits that the petitioners
would feel satisfied if the respondents are directed to consider
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their representation (which they would be filing) in light of the
judgment of this Court dated 19.01.2021, passed in Jai Prakash
Ganchi & Ors. Vs. State of Raj. & Ors.(S.B.Civil Writ Petition
No.7273/2020) and also in light of circular dated 02.09.2020.
3. The present writ petition is, therefore, disposed of with the
direction to the petitioners to file a representation, while enclosing
photostat copy of the judgment in the case of Jai Prakash Ghanchi
(supra) and photostat copy of the circular dated 02.09.2020 within
a period of four weeks from today.
4. In case, representation is so addressed, the competent
authority shall do the needful, in accordance with law, preferably
within a period of eight weeks from receipt thereof.
5. It is made clear that aforesaid direction to decide the
representation has been issued only with a view to ensure
expeditious redressal of petitioners' grievance. The same may not
be construed to be an order to decide the representation in a
particular manner.
6. The stay application also stands disposed of accordingly.
7. 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 104-Anil Singh/-
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