Rajasthan High Court - Jodhpur

Sandeep Giri And Ors vs State Of Rajasthan And Ors. ... on 2 December, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12986/2018

1. Dharmi Chand Kumawat S/o Sohan Lal Kumawat, Aged
About 30 Years, Village Pisangan Block Pisangan District
Ajmer At Present Working As Computer Operator At Chc
Pisangan, Ajmer
2. Deepa Kanwar D/o Nahar Singh, Aged About 29 Years,
Village Karkeri Block Kishangarh District Ajmer At Present
Working As Computer Operator At Phc Karkeri District
Ajmer
3. Jaffar Hussain S/o Nizamuddin, Aged About 28 Years,
Village Kishangarh Block Kishangarh District Ajmer At
Present Working As Computer Operator At Phc Karkeri
District Ajmer
4. Mool Chand Regar S/o Balu Ram, Aged About 29 Years,
Village Bhandun Block Kishangarh District Ajmer At
Present Working As Computer Operator At Phc Bhandup
District Ajmer
5. Iliyas Mohammad S/o Bashir Mohammad, Aged About 30
Years, Village Harmada Block Kishangarh District Ajmer At
Present Working As Computer Operator At Chc Harmada,
Ajmer
6. Pradeep Siwasiya S/o Prem Chand Siwasiya, Aged About
30 Years, At Present Working As Computer Operator At
Chc Pisangan, Ajmer
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary, Medical
And Health Department, Govt. Of Rajasthan Jaipur
2. Secretary, Finance (Budget) Department, Govt. Of
Rajasthan, Jaipur
3. Joint Secretary, Finance (G And T) Department, Govt. Of
Rajasthan Jaipur
4. Director (Public Health), Medical And Health Services,
Rajasthan, Jaipur
5. Director (Aids) And Nodal Officer, Mnjy, Rajasthan, Jaipur
6. Additional Director, Medical And Health Services,
Rajasthan, Jaipur

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7. Chief Medical And Health Officer, Ajmer, District Ajmer
8. In-Charge-Medical Officer, Phc Karkeri District Ajmer
9. In-Charge-Medical Officer, Phc Karkeri, District Ajmer
10. In-Charge-Medical Officer, Phc Bhandup District Ajmer
11. In-Charge-Medical Officer, Chc Harmada, Ajmer
12. In-Charge-Medical Officer, Chc Pisangan, Ajmer
13. Block Chief Medical And Health Officer, Block Pisangan
District Ajmer
14. Block Chief Medical And Health Officer, Block Kishangarh
District Ajmer
15. Secretary, Rajasthan Medical Relief Society, Community
Health Center, Pisangan District Ajmer
----Respondents
Connected With
S.B. Civil Writ Petition No. 7611/2018
1. Sandeep Giri S/o Ganesh Giri Block Kekri, R/o At Present
Working At Phc Para, Ajmer.
2. Sunil Kumar Soni S/o Kishan Gopal, R/o At Present
Working As Compter Operator At Phc Juniya District
Ajmer.
3. Kuldeep S/o Ramkishan, R/o Adarsh Colony, Rupangarh,
District Ajmer At Present Working At Chc Rupangarh,
Ajmer
4. Koushal Kumar S/o Arajun Lal Gurjar, Block Kekri District
Ajmer At Present Working At Phc Dhoondhari, Ajmer Mnjy
Helper
5. Jai Singh S/o Ram Lal Jat, Block Kekri ,district Ajmer At
Present Working At Phc Pranahera, Ajmermnjy Helper
6. Rekh Raj S/o Ratan Lal, Block Kekri District Ajmer At
Present Working At Phc Juniya, Ajmermnjy Helper
7. Bajrang Lal Sharma S/o Jagdish Prasad Sharma, Block
Kekri District Ajmer At Present Working At Phc Para,
Ajmermnjy Helper
8. Ram Gopal Sunariwal S/o Sukhdev Sunariwal, Block
Kishangardh Distric Ajmer At Present Warking At Phc
Kuchil,ajmer.
9. Rupali Dadhich D/o Satyanarayan Dadhich, R/o

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Rupangarh, Kishangarh, District Ajmer At Present
Working At Phc Sursura, Ajmer.
10. Ramesh Chandra Meena S/o Shree Ram Meena, At
Present Working At Chc Jahazpur,block Jahazpur Distric
Bhilwara.
11. Sanjay Kumar Pancholi S/o Gajju Ram Pancholi, At
Present Working At Phc Sarsiya Malya Block Jahazpur
Distric Bhilwara.
12. Meenakshi Nirwan D/o Narendar Nirwan, R/o At Present
Working As Computer Operator At City Dispensary,
Ramganj District- Ajmer.
13. Aaditya Kumar Pancholi S/o Rajesh Kumar Pancholi, At
Present Working At Phc Piplond Malya Block Jahazpur
Distric Bhilwara.
14. Peeru Lal S/o Shankar Lal, R/o At Present Working As
Computer Operator At Phc Budhwara District- Ajmer
15. Sunil Gujrati S/o Rajendra Prasad Gujrati, R/o At Present
Working As Computer Operator At Chc Pisangan Block
Pisangan District- Ajmer
16. Lokesh Gahlot S/o Indra Mohan Gahlot, R/o At Present
Working As Computer Operator At City Dispensary,
Kasturbha District- Ajmer
17. Lalit Kumar Chouchan S/o Brajmohan, R/o At Present
Working As Computer Operator At City Dispensary,
Ajaynagar District- Ajmer
18. Bharat S/o Kundan Lal, R/o At Present Working As
Computer Operator At Uphc Gaddi Maliyan District- Ajmer
19. Manish Zirota S/o Kailash Chand Zirota, R/o At Present
Working As Computer Operator At Uphc Shrinagar Road
Ajmer District- Ajmer
20. Dinesh Kumar S/o Kishan Lal, R/o At Present Working As
Computer Operator At City Dispensary, Phahadganj
District- Ajmer
21. Deepmala W/o Suresh, R/o At Present Working As Lab
Tacanication At City Dispensary, Ramganj District- Ajmer
22. Pradeep Siwasiya S/o Prem Chand Siwasiya, R/o At
Present Working As Computer Operator At Chc Pisangan
Block Pisangan District- Ajmer

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23. Ravindra Prakash Jain S/o Prem Chand Jain, R/o Village
Bidikchyawas, Block- Pisangan, District Ajmer At Present
Working At Phc Bidikchyawas, Ajmer.
24. Kuldeep D/o Ramkishan, R/o Rupangarh, Kishangarh,
District Ajmer At Present Working At Chc
Rupangardh,ajmer
25. Mamta Chauhan S/o Yogendra Singh, R/o Village
Hittampura Post Kishanpura, Via Kabra Beawar, District
Ajmer At Present Working At Phc Kotada, Ajmer
26. Suresh Prajapat S/o Gopi Lal Prajapat, R/o Village And
Post Rajiyawas, Tehsil Beawar, District Ajmer At Present
Working At Phc Rajiyawas, Ajmer.
27. Rakesh Singh S/o Moti Singh, R/o Village And Post
Rajiyawas, Tehsil Beawar, District Ajmer At Present
Working At Phc Rajiyawas, Ajmer.
28. Devendra Singh Chauhan S/o Madan Singh, R/o Near Bus
Stand, Ramtalai, Masuda, District Ajmer At Present
Working At Phc Kelu, Block Masuda, Ajmer.
29. Sharvan Singh Rathore S/o Hanuman Singh Rathore, R/o
Kirap, Masuda, District Ajmer At Present Working At Phc
Kirap, Ajmer.
30. Vishnu Sankhla S/o Noratmal Sankhla, R/o Kharwada,
Masuda, District Ajmer At Present Working At Phc Khawa,
Ajmer.
31. Durga Lal S/o Ugama Ram Paroda, R/o Village And Post
Saradhana, Tehsil Pisangan, District Ajmer At Present
Working At Phc Hatundi, Ajmer.
----Petitioners
Versus
1. State Of Rajasthan Through Principal Secretary, Medical
And Health Department, Govt. Of Rajasthan, Jaipur
2. Rajasthan Medical Relief Society, District Ajmer, Through
Secretary District- Ajmer
3. President, Rajasthan Medical Relief Society, Primary
Health Center, Block Kekadi District Ajmer.
4. Block Chief Medical Officer, Pisangan, Ajmer
5. Member Secretary, Adarsh Primary Health Center,
Sardhana District Ajmer.

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6. Director Public Health, Medical And Health Services,
Rajasthan, Jaipur
7. Additional Director, Medical And Health Services,
Rajasthan, Jaipur
8. Rajasthan Medical Services Corporation Limited,
Department Of Medical And Health Services, Health
Bhawan, Tilak Marg, C Scheme, Jaipur
9. Secretary Finance Department, Govt. Of Rajasthan, Jaipur
10. Nodal Officer, Mndy/mnjy Medical And Health
Department, Rajasthan, Jaipur.
11. Rajasthan Medical Services Corporation Limites Rmsc,
Department Of Medical And Health Services, Health
Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its
Managing Director.
12. Chief Medical And Health Officer, Ajmer
13. Block Chief Medical Officer, Kekadi, Ajmer
----Respondents

For Petitioner(s) : Mr. Vishwajeet Singh for Mr. SK
Verma
For Respondent(s) : Ms. Khushi Makwana for Ms. Vandana
Bhansali, AGC

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

02/12/2023

1. Learned counsel for the parties jointly submit that the

controversy involved in these writ petitions are squarely covered

by the judgment rendered by a Coordinate Bench of this Hon'ble

Court in the case of Jai Prakash Ghanchi & Ors. Vs. State of

Rajasthan & Ors. (S.B. Civil Writ Petition No.7273/2020),

decided on 19.01.2021. The operative portion of the order reads

as under :-

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"13. Heard.

14. In considered opinion of this Court, the concern shown rather grievance raised by the petitioners is genuine and the State's action/attempt of deploying placement agencies as intermediary agencies between the petitioners and the State Government, is arbitrary, as has already been held by this Court.

15. That apart, when the State itself has come up with an order dated 02.09.2020, doing away with the placement agencies and rightly so, the proceedings of engaging placement agencies, cannot be countenanced. The same are liable to be declared illegal.

16. Petitioners are working as Computer Operator (Man with Machine) on purely contract basis with the respondent society, namely RMRS. Introduction of placement agency would result in change in petitioners' employer.

17. All the writ petitions are hereby allowed.

18. The advertisements/E-tenders issued by the respondents for engaging the petitioners through placement agencies impugned herein are hereby quashed.

19. The State - respondents are hereby directed to continue the petitioners engagement/contract with Rajasthan Medicare Relief Society, in accordance with law.

20. Needless to observe that in case regularly selected candidates are available, the State shall be free to proceed in accordance with law, including disbanding petitioners' contract or disengaging them.