Abhishek Sukhadia And Ors vs State Of Rajasthan And Ors. ...
2023 Latest Caselaw 2093 Raj

[2023/RJJD/006232]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10655/2017

1. Abhishek Sukhadia,s/o Sh. Anand Prakash, B/c Regar, R/o Gurlai Marg, Mandiya Road, Pali. Tehsil And District Pali Raj.

2. Himesh Chauhan S/o Sh. Gheshu Lal, B/c Regar, R/o Gurlai Marg, Mandiya Road, Pali. Tehsil And District Pali Raj.

3. Rajendra Singh, S/o Sh. Vijay Singh, B/c Panwar Ravana Rajput, R/o 153, Shivaji Nagar, Pali Tehsil And District Pali Raj..

----Petitioners Versus

1. The State Of Rajasthan Through The Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur Raj..

2. Secretary, Finance Department, Government Of Rajasthan, Jaipur Raj..

3. Director Public Health, Medical And Health Services, Rajasthan, Jaipur Raj..

4. Chief Medical And Health Officer, Pali Raj..

5. Secretary, Rajasthan Medicare Relief Society, Government Of Bangur Hospital, Pali District Pali Raj..

6. Rajasthan Medical Services Corporation Limited Rmsc, Department Of Medical And Health Services, Health Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its Managing Director.

----Respondents

For Petitioner(s) : None present For Respondent(s) : Mr. K.S.Rajpurohit, AAG with Mr. Shreyansh Mehta

JUSTICE DINESH MEHTA

Order

03/03/2023

1. Mr. K.S.Rajpurohit, learned Additional Advocate General

appearing for the respondents - State fairly submitted that the

issue involved in the present writ petition has been decided by a

co-ordinate Bench of this Court in petitioners' favour by a

[2023/RJJD/006232] (2 of 2) [CW-10655/2017]

judgment dated 10.05.2017 rendered in the case of Ranveer &

Ors. Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition

No.5254/2017.

2. Heard learned Additional Advocate General and perused the

record.

3. In the case of Ranveer (supra), a co-ordinate Bench of this

Court had relied upon judgment dated 20.03.2017 rendered in the

case of Pankaj Kumar Upadhyaya & Ors. Vs. State of Rajasthan &

Ors. : S. B. Civil Writ Petition No.953/2017, wherein it had been

held thus:-

"In view of the above, the present petitions deserve to be allowed. The impugned order dated 16.12.2016 is set aside qua the petitioners, vide which they are being sought to be replaced or their services are being extended only upon being engaged through placement agency. The respondents shall continue to utilize the services of the petitioners as Computer Operators with machine on contractual basis and shall not replace the by another set of contractual employees either through direct appointment or placement agency. The services of the petitioners shall be renewed periodically till requirement of the services subsists and their services are found to be satisfactory or till the regular appointments are made."

4. The present writ petition is also allowed in the same terms

while holding the petitioners entitled for the same relief.

5. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 138-akansha/-

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