Raj Kumar vs The State Of Rajasthan ...
2023 Latest Caselaw 10495 Raj

Rajasthan High Court - Jodhpur

Raj Kumar vs The State Of Rajasthan ... on 7 December, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:42548]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 2135/2023

1.       Raj Kumar S/o Narayan Das, Aged About 37 Years, R/o
         Rawla District Sriganganagar.
2.       Keshav Kumar S/o Raj Kumar, Aged About 34 Years, R/o
         Ridmalsar District Sriganganagar.
3.       Attar Chand S/o Om Prakash, Aged About 34 Years, R/o
         Padampur District Sriganganagar.
4.       Harnek Singh S/o Bhajjan Singh, Aged About 32 Years, R/
         o Srivijaynagar District Sriganganagar.
5.       Pradeep Kumar S/o Ashok Kumar, Aged About 36 Years,
         R/o Rawla District Sriganganagar.
6.       Seema Sharma W/o Arvind Kumar, Aged About 40 Years,
         R/o Sardarshar District Churu.
7.       Bharat Sharma S/o Purshotam Das, Aged About 34 Years,
         R/o Jaitsar District Sriganganagar.
8.       Vijay Kumar Gupta S/o Sitaram Gupta, Aged About 34
         Years, R/o Srikaranpur District Sriganganagar.
                                                                   ----Petitioners
                                      Versus
1.       The State Of Rajasthan, Through Secretary, Department
         Of Agriculture, Government Of Rajasthan, Secretariat,
         Rajasthan, Jaipur.
2.       The Principal Secretary, Department Of Finance (Gr.2),
         Govt. Of Rajasthan, Secretariat, Jaipur.
3.       The Director, Agriculture Marketing, Pant Krishi Bhawan,
         Jaipur.
4.       Regional Joint Director, Agriculture Marketing Division,
         Sikar.
5.       Secretary,     Krishi     Upaj     Mandi       Samiti,    Rawla   District
         Sriganganagar.
6.       Secretary, Krishi Upaj Mandi Samiti, Padampur District
         Sriganganagar.
7.       Secretary, Krishi Upaj Mandi Samiti, Ridmalsar District
         Sriganganagar.
8.       Secretary, Krishi Upaj Mandi Samiti, Khajuwal District
         Bikaner.


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9.       Secretary, Krishi Upaj Mandi Samiti, Kesrisinghpur District
         Sriganganagar.
10.      Secretary,   Krishi      Upaj      Mandi       Samiti,    Sriganganagar
         District Sriganganagar.
11.      Secretary, Krishi Upaj Mandi Samiti, Churu District Churu.
12.      Secretary, Krishi Upaj Mandi Samiti, Gharsana District
         Sriganganagar.
13.      Secretary, Krishi Upaj Mandi Samiti, Jaitsar District
         Sriganganagar.
14.      Secretary, Krishi Upaj Mandi Samiti, Shrivijay Nagar
         District Sriganganagar.
15.      Secretary, Krishi Upaj Mandi Samiti, Sarsarshar District
         Churu.
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Vishwajeet Singh for MR. SK
                                 Verma
For Respondent(s)          :



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

07/12/2023

1. Heard learned counsel for the petitioners.

2. 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 petitioners at par to the other employees who have been extended the benefits under the Rules of 2022.

[2023:RJ-JD:42548] (3 of 4) [CW-2135/2023]

III. In alternate respondents may kindly be directed to decide the representation of the petitioners as early as possible."

3 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

[2023:RJ-JD:42548] (4 of 4) [CW-2135/2023]

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."

4 Learned counsel for the petitioners submits that the

respondents 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).

5. 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 stands on the same footing.

6. 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. All pending applications

also stand disposed of.

(DR.PUSHPENDRA SINGH BHATI),J 1-Sudheer/-

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