Rajasthan High Court - Jodhpur
Krishna Devi vs State Of Rajasthan ... on 6 November, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:38409]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3590/2019
1. Krishna Devi D/o Shri Dhanna Ram, Aged About 30 Years,
52 Lnp, Manjuwas, Padampur, District Sri Ganganagar.
2. Vinod Kumar S/o Shri Menpal, Aged About 33 Years, Vpo
Jandwala, Hanwanta, Abohar, Firozpur (Punjab)
3. Vinod Kumar Sharma S/o Shri Durgalal Sharma, Aged
About 32 Years, Bhindpura, Kondr, District Karoli.
4. Vinay Kumar Bilandi S/o Shri Raj Kumar Bilandi, Aged
About 25 Years, Ward No. 9, Near K.r. School, Sri
Karanpur, District Sri Ganganagar.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary,medical And
Health Department, Secretariat, Jaipur.
2. The Driector (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. Rishabh Tayal.
For Respondent(s) : Ms. Vandana Bhansali, AGC
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/11/2023
1. Learned counsel for the respondents fairly submits that issue
involved in the present writ petition is no more res-integra as the
same has been covered by the judgment passed by the Coordinate
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[2023:RJ-JD:38409] (2 of 3) [CW-3590/2019]
Bench of this Hon'ble Court in Tony Meghwal & Ors. Vs. State
of Rajasthan & Ors. (S.B. Civil Writ Petition No.2212/2019)
decided on 21.01.2021 alongwith other connected matters. 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.
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.
21. Interlocutory application(s) also stands disposed
of."
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[2023:RJ-JD:38409] (3 of 3) [CW-3590/2019]
2. In light of the aforequoted order, the present writ petition is
also allowed in the same terms. All pending applications, if any,
also stand disposed of.
(DR. PUSHPENDRA SINGH BHATI), J.
155-/Jitender//-
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