Bajrang Lal vs The State Of Rajasthan ...
2023 Latest Caselaw 10156 Raj

Citation : 2023 Latest Caselaw 10156 Raj
Judgement Date : 29 November, 2023

Rajasthan High Court - Jodhpur

Bajrang Lal vs The State Of Rajasthan ... on 29 November, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:41095]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Civil Writ Petition No. 4612/2019

1.       Bajrang Lal S/o Shri Rai Singh, Aged About 42 Years, R/o
         House No. 116, Gandhi Basti, Sriganganagar.
2.       Mukesh Bharnava S/o Shri Ram Pratap,, Aged About 40
         Years, R/o House No. 699, Khatik Mohalla, Purani Abadi,
         Sriganganagar.
3.       Hari Narayan S/o Shri Kanhaiya Lal,, Aged About 40
         Years, R/o 1-I-14, Sadbhawana Nagar, Sriganganagar.
4.       Om Prakash S/o Shri Shaib Ram,, Aged About 44 Years,
         R/o Narsinghpura, Padampur, Sriganganagar.
5.       Ashok Kumar S/o Shri Sriram,, Aged About 36 Years, R/o
         House No. 51, Near Atm Bank Of India, Sriganganagar.
6.       Didar Singh S/o Shri Surjeet Singh,, Aged About 34
         Years, R/o Ward No. 4, Gurusar, Sriganganagar.
7.       Pramod Kumar S/o Shri Dina Nath,, Aged About 35 Years,
         R/o C-8, Sugarmil Colony, Sriganganagar.
8.       Mohan Lal S/o Shri Jas Ram,, Aged About 33 Years, R/o
         Near Govt. School, Birmana, Sriganganagar.
9.       Rahul Garg S/o Shri Pawan Garg,, Aged About 25 Years,
         R/o 2-B-21, Jawahar Nagar, Sriganganagar.
10.      Manoj Kumar S/o Shri Om Prakash,, Aged About 25
         Years,      R/o      Manjuwas,           Narsinghpura,             Padampur,
         Sriganganagar.
11.      Smt. Jyoti Bhati W/o Shri Hari Narayan,, Aged About 35
         Years, R/o 1-14, Sadbhawana Nagar, Sriganganagar.
12.      Smt. Minakshi W/o Shri Mukesh Bharnawa,, Aged About
         30 Years, R/o House No. 699, Opp. Ramdev Mandir,
         Purani Abadi, Sriganganagar.
13.      Smt. Gurpreet Kaur W/o Shri Baljinder Singh,, Aged
         About 44 Years, R/o House 150, Behind Friend Cinema,
         Purani Abadi, Sriganganagar.
14.      Smt. Manpreet Kaur W/o Shri Jagtar Singh,, Aged About
         43   Years,    R/o      Near      School       No.        7,   Purani   Abadi,
         Sriganganagar.
15.      Jaspal S/o Shri Sharwan Ram,, Aged About 27 Years, R/o
         Ward No. 4, 22 Lgw, B-22 Lgwb, Sriganganagar.
16.      Navratan S/o Shri Nand Ballabah,, Aged About 39 Years,

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 [2023:RJ-JD:41095]                   (2 of 4)                        [CW-4612/2019]


         R/o Ward No. 34 Baba Deep Singh Colony, Sriganganagar.
17.      Smt. Usha W/o Shri Rajendra Kumar,, Aged About 44
         Years, R/o Karnisingh Marg, Sriganganagar.
18.      Sanjeev Kumar S/o Balvindra Singh,, Aged About 31
         Years, R/o Ward No. 6, Guru Nagar, Purani Abadi,
         Sriganganagar.
                                                                   ----Petitioners
                                    Versus
1.       The State Of Rajasthan, Through The Secretary, Medical
         And Health Department, Secretariat, Jaipur.
2.       The Director (Public Health), Medical And Health Services,
         Tilak Marg, Swasthya Bhawan, Jaipur.
3.       The Joint Director, Medical And Health Services, Bikaner
         Zone, Bikaner.
4.       The District Collector, Sri Ganganagar.
5.       The Chief Medical And Health Officer, Sri Ganganagar.
6.       The Principal Medical Officer Cum Secretary, Rmrs,
         Government Hospital, Sri Ganganagar.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Jitendra Choudhary
For Respondent(s)         :     Ms. Khushi Makwana for Ms. Vandana
                                Bhansali, AGC



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

29/11/2023

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 the case of Tony Meghwal &

Ors. Vs. State of Raj. & Ors. (S.B.Civil Writ Petition

No.2212/2019) decided on 21.01.2021, the operative portion of

the said judgment reads as under:-

"13. Heard.

[2023:RJ-JD:41095] (3 of 4) [CW-4612/2019]

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 Data Entry Operator/Computer Operator, Lab Assistant, Ward Boy, Pharmacist, Helper, Lab Technician etc. 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.

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.