Rajasthan High Court - Jodhpur
Sahadat Hussain vs The State Of Rajasthan ... on 21 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:44987]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 19655/2023
1. Sahadat Hussain S/o Mohammed Arif, Aged About 38
Years, 29 Maino Ka Baliya Vas, Ward No.3, Jalore, District
Jalore, Rajasthan.
2. Vikram Vyas S/o Madan Lal, Aged About 34 Years,
Ratanpura Road, Cross Railway Track, Jalore, District
Jalore, Rajasthan.
3. Praveen Sharma S/o Prem Chand Sharma, Aged About 31
Years, Khanpur Jalore, Tehsil Jalore, District Jalore,
Rajasthan.
4. Bhura Ram S/o Jaga Ram, Aged About 31 Years, Taas
Khana Bavari Jalore, Tehsil Jalore, District Jalore,
Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Through Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Secretariat, Jaipur.
2. The Commissioner, Egs, Rural Development And
Panchayati Raj Department, Rajasthan, Jaipur.
3. Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Secretariat, Jaipur.
4. Principal Secretary, Department Of Finance, Government
Of Rajasthan, Secretariat, Jaipur
5. The District Programme Coordinator And District Collector,
Jalore.
6. Addl. Programme Coordinator And Chief Executive Officer,
Zila Parishad, Jalore.
----Respondents
For Petitioner(s) : Mr. Pritam Joshi
For Respondent(s) : ---
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
21/12/2023
Heard learned counsel for the petitioners.
The present writ petition has been filed with following
prayers:-
[2023:RJ-JD:44987] (2 of 3) [CW-19655/2023]
"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 Swasthya
Margdarshak/Counsellor 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."
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.
[2023:RJ-JD:44987] (3 of 3) [CW-19655/2023]
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."
Learned counsel for the petitioners submits that they 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 stands 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.
All pending applications also stand disposed of.
(KULDEEP MATHUR),J
603-Ravi Khaendalwal/-
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