Prem Singh Rathore vs State Of Rajasthan (2023:Rj-Jd:41075)
2023 Latest Caselaw 10197 Raj

Citation : 2023 Latest Caselaw 10197 Raj
Judgement Date : 29 November, 2023

Rajasthan High Court - Jodhpur

Prem Singh Rathore vs State Of Rajasthan (2023:Rj-Jd:41075) on 29 November, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:41075]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 17576/2019

1.       Prem Singh Rathore S/o Devi Singh, Aged About 26
         Years, R/o At Present Working At C.h.c. Gingla Block
         Salumbar District Udaipur.
2.       Raguveer Singh S/o Nawal Singh, Aged About 25 Years,
         R/o At Present Working At P.h.c. Jalara Block Salumbar
         District Udaipur.
3.       Sunil Kumar Choubisa S/o Jamna Lal Choubisa, Aged
         About 26 Years, R/o At Present Working At P.h.c Bambora
         Block Girva District Udaipur
4.       Rajesh Pabavat S/o Val Ji Pabavat, Aged About 29 Years,
         R/o At Present Working At P.h.c Seriya Block Salumbar
         District Udaipur
5.       Harish S/o Shankar Lal Sharma, Aged About 30 Years,
         R/o At Present Working At C.h.c Gingla Block Salumbar
         District Udaipur
6.       Navrottam Purohit S/o Prabhu Lal, Aged About 30 Years,
         R/o At Present Working At C.h.c Gingla Block Salumbar
         District Udaipur
7.       Devendra Singh Rathore S/o Laxman Singh Rathore, Aged
         About 30 Years, R/o At Present Working At C.h.c Gingla
         Block Salumbar District Udaipur
8.       Pushpa Kumari D/o Shera Ram, Aged About 22 Years, R/o
         At Present Working At P.h.c Rateu District Barmer.
9.       Narpat Ram S/o Tulcha Ram, Aged About 30 Years, R/o At
         Present Working At P.h.c Rateu District Barmer.
10.      Ganga Ram S/o Bhaira Ram, Aged About 32 Years, R/o At
         Present Working At P.h.c Phc Jhak District Barmer.
11.      Pramila D/o Bhiya Ram, Aged About 23 Years, R/o At
         Present Working At P.h.c Phc Gida District Barmer.
                                                                    ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through The Secretary Medical And
         Health Department, Government Of Rajasthan, Jaipur.
2.       Secretary, Finance (Budget) Department, Government Of
         Rajasthan, Jaipur.
3.       Joint       Secretary,        Finance          (Budget)     Department,

                        (Downloaded on 30/11/2023 at 08:40:38 PM)
 [2023:RJ-JD:41075]                   (2 of 3)                       [CW-17576/2019]


         Government Of Rajasthan, Jaipur.
4.       Director (Public Health), Medical And Health Services,
         Government Of Rajasthan, Jaipur.
5.       Chief Medical And Health Officer, Udaipur.
6.       Chief Medical And Health Officer, Barmer
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vishwajeet Singh for Mr. SK
                                Verma
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 Jai Prakash Ganchi & Ors. Vs.

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

decided on 19.01.2021, the operative portion 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.

[2023:RJ-JD:41075] (3 of 3) [CW-17576/2019]

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.

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.

213-Sudheer/-