Rajasthan High Court - Jodhpur

Kanta Sharma vs State Of Rajasthan (2023:Rj-Jd:43935) on 15 December, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:43935]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
            S.B. Civil Writ Petition No. 19171/2023

1.       Kanta Sharma W/o Nitin Sharma, Aged About 40 Years,
         Presently Working At Chc Dablirathan, Block Pilibanga,
         District Hanumangarh.
2.       Jagdish Prasad S/o Shri Moti Lal, Aged About 32 Years, At
         Present Working At At Sdh Bhandikui, District Dausa.
3.       Sitaram S/o Shri Ramdhan Gurjar, Aged About 35 Years,
         At Present Working At Sdh Bandikui, District Dausa.
4.       Mahesh Kumar Sirohiya S/o Shri Radheshyam Sirohiya,
         Aged About 42 Years, At Present Working At Chc Lawan,
         Block Lawan, District Dausa.
5.       Mukesh Kumar Saini S/o Shri Kishori Lal Saini, Aged
         About 42 Years, Present Working At Mnjy Computer
         Operater (Machine With Man) At Chcgeejgarh, Block
         Sikrai, District Dausa.
6.       Jitendra Kumar Meena S/o Shri Ghamandi Meena, Aged
         About 31 Years, At Present Working At Mnjy Computer
         Operater (Machine With Man) At Sdh Sikrai, Block Sikrai,
         District Dausa.
7.       Virendra Singh S/o Shri Guman Singh, Aged About 40
         Years, At Present Working At Mnjy Computer Operater
         (Machine With Man) At Chcponkh, Block Udaipurwati,
         District Neem Ka Thana.
8.       Madhu Bala Kansliwal D/o Shri Shyam Sunder Jangid,
         Aged About 35 Years, At Present Working At Mnjy
         Computer Operater (Machine With Man) At Chc Chiran,
         Block Nawalgarh, District Jhunjhunu.
9.       Deendayal Singh Sisodiya S/o Natwarsingh Sisodiya, Aged
         About 34 Years, At Present Working At Mnjy Computer
         Operater (Machine With Man) At Pmo Sagwara, District
         Dungarpur.
10.      Kutbuddin Talaja S/o Daud Talaja, Aged About 33 Years,
         At Present Working At Pmo Sagwara, District Dungarpur.
11.      Vikas Kumar Kalal S/o Harish Chandra Kalal, Aged About
         34 Years, At Present Working At Chc Obri, Block Sagwara,
         District Dungarpur.
12.      Vishnu Kumar Patidar S/o Bhagwan Lal Patidar, Aged
         About 38 Years, At Present Working At Mnjy Computer
         Operater (Machine With Man) At Chc Simalwara, Block
         Tehsil Simalwara, District Dungarpur.
13.      Dipak Kumar Patidar S/o Gatulal Patidar, Aged About 38
         Years, At Present Working At Mnjy Computer Operater
         (Machine With Man) At Chc Genji, Block Jhothri, District
         Dungarpur.
14.      Shekhar Joshi S/o Narayan Lal Joshi, Aged About 34
         Years, At Present Working At Hari Dev Joshi General
         Hospital Pmo,, District Dungarpur.
15.      Jayantilal Kalal S/o Onkar Lal Kalal, Aged About 42 Years,
         At Present Working At Mnjy Computer Operater (Machine
         With Man) At Chc Chikali, Block Sagwara, District
         Dungarpur.
16.      Rajendra Choudhary S/o Shankar Choudhary, Aged About

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         32 Years, At Present Working Atat Chc Dariba, Block
         Railmagra, District Rajsamand.
17.      Dimpal Vaishnav S/o Bhagwan Das Vaishnav, Aged About
         33 Years, At Present Working At Chc Railmagra, Block
         Railmagra, District Rajsamand.
                                                      ----Petitioners
                                 Versus
1.       State Of Rajasthan, Through Principal Of Secretary,
         Medical And Health Services, Government Of Rajasthan
         Secretariat, Jaipur.
2.       Principal    Secretary,     Department    Of     Personnel,
         Government Of Rajasthan, Secretariat Jaipur.
3.       Principal Secretary, Department Of Finance, Government
         Of Rajasthan, Secretariat Jaipur.
4.       Managing Director, N.h.m Swasthya Bhawan Jaipur.
5.       Mission Director, National Health Commission, Jaipur
6.       Director, Directorate Of Medical And Haelth Services,
         Government Of Rajasthan, Jaipur.
7.       Director (Non-Gazetted), Medical And Health Services,
         Government Of Rajasthan, Jaipur.
8.       Nodal Officer (Mndy), Medical And Health Services, Jaipur.
9.       Nodal Officer (Mnjy), Medical And Health Services, Jaipur.
10.      Rajasthan Medical Services Corporation Ltd. (Rmsc),
         Through Its Managing Driector, Department Of Medical
         And Health, Swasthya Bhawan, Jaipur.
11.      Chief Executive Officer, State Health Assurance Agency,
         Rajasthan, Jaipur.
12.      Project Director National Health Mission (Mtc), Swasthya
         Bhawan, Secretariat, Jaipur.
13.      Project Director National Health Mission (Fbnc), Swasthya
         Bhawan, Secretariat, Jaipur.
14.      Principal Medical Officer, Rajsamand.
15.      Chief Medical And Health Officer, Rajsamand.
16.      Rajasthan Medical Relief Society, Rajsamand, Through
         Secretary, District Rajsamand.
17.      Principal Medical Officer, Hanumangarh.
18.      Chief Medical And Health Officer, Hanumangarh.
19.      Rajasthan Medical Relief Society, Hanumangarh, Through
         Secretary, District Hanumangarh.
20.      Principal Medical Officer, Dausa.
21.      Chief Medical And Health Officer, Dausa.
22.      Rajasthan Medical Relief Society, Dausa, Through
         Secretary, District Dausa.
23.      Principal Medical Officer, Neem Ka Thana.
24.      Chief Medical And Health Officer, Neem Ka Thana.
25.      Rajasthan Medical Relief Society, Neem Ka Thana,
         Through Secretary, District Neem Ka Thana.
26.      Principal Medical Officer, Jhunjhunu.


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27.      Chief Medical And Health Officer, Jhunjhunu.
28.      Rajasthan Medical Relief Society, Jhunjhunu, Through
         Secretary, District Jhunjhunu.
29.      Principal Medical Officer, Dungarpur.
30.      Chief Medical And Health Officer, Dungarpur.
31.      Rajasthan Medical Relief Society, Dungarpur, Through
         Secretary, District Dungarpur.
                                                   ----Respondents



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



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

15/12/2023

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 their respective post 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."

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:-

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"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."

4 Learned counsel for the petitioners submits that they may

be permitted to file a representation to the respondents afresh for

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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 329-Sudheer/-