Anil Kumar vs The State Of Rajasthan ...
2023 Latest Caselaw 10042 Raj

Citation : 2023 Latest Caselaw 10042 Raj
Judgement Date : 23 November, 2023

Rajasthan High Court - Jodhpur

Anil Kumar vs The State Of Rajasthan ... on 23 November, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:40350]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 6216/2020

1.       Anil Kumar S/o Raj Kumar, Aged About 35 Years, At
         Present Working As Machine With Man (Mndy) At Chc
         Suratgarh, District Sri Ganganagar.
2.       Rohit Narula S/o Satish Kumar, Aged About 32 Years, At
         Present Working As Machine With Man (Mndy) At Chc
         Suratgarh, District Sri Ganganagar.f
3.       Amin Ali S/o Islamudin Bhati, Aged About 29 Years, At
         Present Working As Machine With Man (Mndy) At Chc
         Suratgarh, District Sri Ganganagar.
4.       Raj Kumar S/o Jagdish Prasad, Aged About 29 Years, At
         Present Working As Machine With Man (Mndy) At Chc
         Suratgarh, District Sri Ganganagar.
5.       Om Prakash S/o Jagannath Kamboj, Aged About 33 Years,
         At Present Working As Machine With Man (Mndy) At Phc
         Kharla (Sri Karanpur), District Sri Ganganagar.
6.       Sonu Kumari D/o Vijay Pal W/o Vipin Kumar, Aged About
         34 Years, At Present Working As Machine With Man
         (Mndy) At Phc Mamad, District Sri Ganganagar.
                                                                   ----Petitioners
                                      Versus
1.       The State Of Rajasthan, Through The Secretary, Medical
         And    Health     Department,          Government         Of   Rajasthan,
         Jaipur.
2.       Director, Medical And Health Services, Government Of
         Rajasthan, Jaipur.
3.       Secretary, Finance (Budget) Department, Government Of
         Rajasthan, Jaipur.
4.       Joint Secretary Finance (G And T), Department Of
         Finance, Government Of Rajasthan, Jaipur.
5.       Chief Medical And Health Officer, Sriganganagar.
6.       Rajasthan Medical Services Corporation Limited (Rmsc),
         Department Of Medical And Heatlh Services, Health
         Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its
         Managing Director.
7.       Rajasthan Medical Relief Society, Sriganganagar, Through
         Its Secretary.

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 [2023:RJ-JD:40350]                    (2 of 3)                        [CW-6216/2020]


                                                                  ----Respondents


For Petitioner(s)          :     Mr. NR Budania
For Respondent(s)          :     Mr. Gaurav Ranka for Ms. Vandana
                                 Bhansali, AGC



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

23/11/2023

1. Learned counsel for the parties jointly submit that the

controversy involved in this matter is squarely covered by the

judgment passed by this Court in Jai Prakash Ganchi & Ors. Vs.

State of Raj. & Ors. (S.B.Civil Writ Petition No.7273/2020)

decided on 19.01.2021, the operative of the said judgment reads

as under:-

"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.

[2023:RJ-JD:40350] (3 of 3) [CW-6216/2020]

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.

21. Interlocutory application(s) also stands disposed of."

2. In light of such submission, the present petition filed by the

petitioners is disposed of in light of and with similar directions as

given in the case of Jai Prakash Ghanchi (supra).

3. All pending applications, if any, also stand disposed of

accordingly.

(DR.PUSHPENDRA SINGH BHATI), J.

101-Sudheer/-