Pawan Lakhara vs State Of Rajasthan (2023:Rj-Jd:39841)
2023 Latest Caselaw 9922 Raj

Rajasthan High Court - Jodhpur

Pawan Lakhara vs State Of Rajasthan (2023:Rj-Jd:39841) on 21 November, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:39841]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 18222/2023

1.       Pawan Lakhara S/o Sohan Lal Lakhara, Aged About 30
         Years, At Present Working At District Hospital Pipar City,
         Jodhpur.
2.       Ram Kishore Dewasi S/o Nimba Ram, Aged About 24
         Years, At Present Working At District Hospital Pipar City,
         Jodhpur.
3.       Sunil S/o Narpat Marotiya, Aged About 25 Years, At
         Present Working At District Hospital Pipar City, Jodhpur.
4.       Ajharudeen S/o Rajjak Khan, Aged About 23 Years, At
         Present Working At District Hospital Pipar City, Jodhpur.
5.       Kau Saliya S/o Amra Ram, Aged About 28 Years, At
         Present Working At District Hospital Pipar City, Jodhpur.
6.       Manohar S/o Luna Ram, Aged About 25 Years, At Present
         Working At District Hospital Pipar City, Jodhpur.
7.       Satayah Aruyah S/o Ganpat Lal, Aged About 41 Years, At
         Present Working At District Hospital Pipar City, Jodhpur.
8.       Ashok Kumar S/o Prabhu Dayal, Aged About 29 Years, At
         Present Working At District Hospital Pipar City, Jodhpur.
9.       Sanju W/o Hajari Ram, Aged About 29 Years, At Present
         Working At Phc Naino Ki Dhani, Jodhpur.
10.      Ram Kishore S/o Pancha Ram, Aged About 29 Years, At
         Present Working At P.h.c. Khariya Khangar, Jodhpur.
11.      Siraj Mohammed Shekh S/o Niyaz Mohammed Shekh,
         Aged About 33 Years, At Present Working At C.h.c. Rani,
         Pali.
12.      Narayan S/o Kesa Ram, Aged About 20 Years, At Present
         Working At C.h.c. Rani, Pali.
13.      Fakir Mohamad S/o Abbas Qureshi, Aged About 30 Years,
         At Present Working At C.h.c. Jaitaran, Beawar.
14.      Ashok Rankawat S/o Bhagwan Das, Aged About 31 Years,
         At Present Working At C.h.c. Jaitaran, Beawar.
15.      Manish Chouhan S/o Sohan Lal, Aged About 32 Years, At
         Present Working At C.h.c. Jaitaran, Beawar.
16.      Abhishek Vyas S/o Vijay Kumar Vyas, Aged About 33
         Years, At Present Working At C.h.c. Jaitaran, Beawar.


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17.      Mayank Tanwar S/o Ram Lal Tanwar, Aged About 30
         Years, At Present Working At C.h.c. Jaitaran, Beawar.
18.      Pinki Rathore D/o Papu Lal, Aged About 26 Years, At
         Present Working At C.h.c. Jaitaran, Beawar.
19.      Kailash Gehlot S/o Raju Ram, Aged About 30 Years, At
         Present Working At C.h.c. Jaitaran, Beawar.
20.      Naurat Ram S/o Ganpat Lal, Aged About 32 Years, At
         Present Working At C.h.c. Raipur, Beawar.
21.      Dev Raj Singh S/o Pabu Singh, Aged About 36 Years, At
         Present Working At C.h.c. Raipur, Beawar.
22.      Rajendra Singh S/o Laxman Singh, Aged About 32 Years,
         At Present Working At C.h.c. Raipur, Beawar.
23.      Bhim Singh S/o Sohan Singh, Aged About 38 Years, At
         Present Working At C.h.c. Raipur, Beawar.
24.      Ashok S/o Madan Lal Harijan, Aged About 32 Years, At
         Present Working At C.h.c. Raipur, Beawar.
25.      Koushal Raj S/o Jogendra Kumar, Aged About 20 Years, At
         Present Working At Mch Jalore District Jalore.
26.      Mohd. Habeeb S/o Mohd. Sadeek, Aged About 35 Years,
         At Present Working At C.h.c. Dadrewa Tehsil Rajgarh,
         District Churu.
27.      Vinod Kumar S/o Kaluram, Aged About 32 Years, At
         Present Working At Anadra District Sirohi.
28.      Rajesh Suwalka S/o Himmat Lal, Aged About 34 Years, At
         Present Working At Chc Gangapur, District Bhilwara.
29.      Sonal Sharma D/o Dohan Lal Sharma, Aged About 31
         Years, At Present Working At Chc Gangapur District
         Bhilwara.
30.      Dinesh S/o Pukhraj, Aged About 37 Years, At Present
         Working At C.h.c. Sojat Road District Pali.
31.      Mukesh S/o Jogaram, Aged About 38 Years, At Present
         Working At C.h.c. Bagri Nagar District Pali.
32.      Kamlesh Sharma S/o Chandmal Sharma, Aged About 29
         Years, At Present Working At C.h.c. Bagri Nagar District
         Pali.
33.      Shesharam S/o Gokul Ram, Aged About 24 Years, At
         Present Working At C.h.c. Bagri Nagar District Pali.


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34.      Roshan Lal Mewara S/o Krishan Gopal, Aged About 33
         Years, At Present Working At C.h.c. Antli District Bhilwara.
35.      Ajay S/o Deva Ram, Aged About 47 Years, At Present
         Working At General Hospital District Jalore.
36.      Suresh Kumar S/o Dana Ram Meghwal, Aged About 30
         Years, At Present Working At Phc Mohabbat Nagar District
         Sirohi.
37.      Rustam Khan S/o Ramjan Khan, Aged About 31 Years, At
         Present Working At Phc Varada District Sirohi.
38.      Sweta Parma D/o Nirmal Kumar, Aged About 28 Years, At
         Present Working At Phc Nitoda District Sirohi.
39.      Laxman Kumar S/o Achala Ram, At Present Working At
         Chc Kalandari District Sirohi.
40.      Mukesh Kumar S/o Vana Ram, Aged About 30 Years, At
         Present Working At Pmo Sirohi District Sirohi.
                                                                        ----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,
         Government Of Rajasthan, Jaipur.
4.       Director (Non-Gazetted), Department Of Medical And
         Health Services, Government Of Rajasthan, Jaipur.
5.       Director (Public Health), Medical And Health Services,
         Government Of Rajasthan, Jaipur.
6.       Additional       Director,       Medical        And         Health   Services,
         Government Of Rajasthan, Jaipur.
7.       Nodal       Officer,   Mndy,       Medical        And       Health   Services,
         Government Of Rajasthan, Jaipur.
8.       Nodal       Officer,    Mnjy,      Medical        And       Health   Services,
         Government Of Rajasthan, Jaipur.
9.       Rajasthan Medical Services Corporation Limites (Rmsc),
         Department Of Medical And Health Services, Swasthya
         Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its
         Managing Director.


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10.      Managing Director, N.h.m. Swasthya Bhawan, Jaipur.
11.      Chief Executive Officer, State Health Assurance Agency,
         Jaipur.
12.      Principal Medical Officer, Jodhpur.
13.      Chief Medical And Health Officer, Jodhpur.
14.      Rajasthan        Medical    Relief      Society,         Jodhpur    Through
         Secretary, District Jodhpur.
15.      Principal Medical Officer, Pali.
16.      Chief Medical And Health Officer, Pali.
17.      Rajasthan Medical Relief Society, Pali Through Secretary,
         District Pali.
18.      Principal Medical Officer, Beawar.
19.      Chief Medical And Health Officer, Beawar.
20.      Rajasthan        Medical    Relief      Society,         Beawar     Through
         Secretary, District Beawar.
21.      Principal Medical Officer, Jalore.
22.      Chief Medical And Health Officer, Jalore.
23.      Rajasthan        Medical     Relief      Society,         Jalore    Through
         Secretary, District Jalore.
24.      Principal Medical Officer, Churu.
25.      Chief Medical And Health Officer, Churu.
26.      Rajasthan        Medical     Relief      Society,         Churu     Through
         Secretary, District Churu.
27.      Principal Medical Officer, Sirohi.
28.      Chief Medical And Health Officer, Sirohi.
29.      Rajasthan        Medical     Relief      Society,          Sirohi   Through
         Secretary, District Sirohi.
30.      Principal Medical Officer, Bhilwara.
31.      Chief Medical And Health Officer, Bhilwara.
32.      Rajasthan        Medical   Relief       Society,         Bhilwara   Through
         Secretary, District Bhilwara.
33.      Incharge, Community Health Center Gangapur, District
         Bhilwara.
34.      Block Chief Medical And Health Officer, Sahada, District
         Bhilwara.


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                                                                        ----Respondents


For Petitioner(s)               :     Mr. Shree Kant Verma



        HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

21/11/2023

1. Petitioners' grievance is that they were working on contract

basis under the respondents and they are apprehending

disengagement of their services.

2. Learned counsel for the petitioners submits that the

petitioners would feel satisfied if the respondents are directed to

consider their representation (which they would be filing) in light

of the judgment dated 19.01.2021 passed by this Court in the

case of Jai Prakash Ganchi & Ors. Vs. State of Raj. & Ors.

(S.B.Civil Writ Petition No.7273/2020) and also in light of

circular dated 02.09.2020.

3. The present writ petition is, therefore, disposed of with the

direction to the petitioners to file a representation while enclosing

photostat copy of the judgment in the case of Jai Prakash Ghanchi

(supra) and photostat copy of the circular dated 02.09.2020 within

a period of four weeks from today.

4. In case, representation is so addressed, the competent

authority shall do the needful, in accordance with law, preferably

within a period of eight weeks from receipt thereof.

5. It is made clear that aforesaid direction to decide the

representation has been issued only with a view to ensure

expeditious redressal of petitioners' grievance. The same may not

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be construed to be an order to decide the representation in a

particular manner.

6. The stay application also stands disposed of accordingly.

7. The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(DR.PUSHPENDRA SINGH BHATI), J.

36-Zeeshan

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