Rajasthan High Court - Jodhpur

Shweta Sharma vs State Of Rajasthan ... on 6 October, 2023

Bench: Vinit Kumar Mathur

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15384/2023

1. Shweta Sharma D/o Jitendra Kumar Sharma, Aged About 29 Years, At Present Working At District Hospital, Nimbahera, District Chittorgarh.

2. Guddu Lal Kumhar S/o Sohan Lal, Aged About 31 Years, At Present Working At Shree Sanwaliya Rajkiya Samanya Chikitsalay, Chittorgarh.

3. Pramod Kumar Sharma S/o Chandra Prakash Sharma, Aged About 28 Years, At Present Working At Chc Bhadora, District Chittorgarh.

4. Swati Sharma D/o Shubhash Chandra, Aged About 40 Years, At Present Working At District Hospital, Chittorgarh.

5. Asha Upadhyay D/o Jagdish Chandra, Aged About 28 Years, At Present Working At District Hospital Nimbahera, District Chittorgarh.

6. Vinita Ojha D/o Shankar Lal Talreja, Aged About 32 Years, At Present Working At District Hospital, Nimbahera, District Chittorgarh.

7. Mohammad Shahbaz Khan Pathan S/o Akhtar Khan Pathan, Aged About 28 Years, At Present Working At Hospital Badi Sadri, Chittorgarh.

8. Kalu Prajapat S/o Bhagwati Lal, Aged About 28 Years, At Present Working At District Hospital Nimbahera, District Chittorgarh.

9. Sudha Chouhan D/o Babu Lal Daya, Aged About 42 Years, At Present Working At At Chc, Bhinmal, District Jalore.

10. Pappu Ram S/o Chaju Ram, Aged About 30 Years, At Present Working At Chc Ganeshwar, Neem Ka Thana, District Sikar.

11. Bindu Jangid D/o Chirangi Lal Jangid, Aged About 37 Years, At Present Working At Phc Dabla, Block Neem Ka Thana, District Sikar.

12. Pooja Sharma D/o Rajendra Prasad Sharma, Aged About 37 Years, At Present Working At Phc Ladhee Ka Bas, Block Neem Ka Thana, District Sikar.

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13. Leela Ram Verma S/o Devi Sahai Verma, Aged About 29 Years, At Present Working At Phc Dokan, Block Neem, Ka Than, District Sikar.

14. Balveer Singh Saini S/o Suraj Mal Saini, Aged About 35 Years, At Present Working At Phc Raipur Patan, Block Neem Ka Thana, District Sikar.

15. Devki Nandan Sharma S/o Bajran Lal Sharma, Aged About 33 Years, At Present Working At At Phc Deepawas, Block Neem Ka Thana, District Sikar.

16. Kamlesh Kumawat S/o Leela Ram, Aged About 36 Years, At Present Working At Phc Raipur Jagir, Block Neem Ka Thana, District Sikar.

17. Sanjay Kumar Rachhoya S/o Rood Mal Rachhoya, Aged About 29 Years, At Present Working At Phc Paritampuri, Block Neem Ka Thana, District Sikar.

18. Satish Sharma S/o Bajran Lal Sharma, Aged About 36 Years, At Present Working At Phc Bhagoth, Block Neem Ka Thana, District Sikar.

19. Vijendra S/o Dalip Singh, Aged About 35 Years, At Present Working At Phc Cheeplata, Block Neema Ka Thana, District Sikar.

20. Aslam Kureshi S/o Mahboob Kureshi, Aged About 25 Years, At Present Working At Phc Dalpat Pura, Block Neem Ka Than, District Sikar.

21. Richa Sharma D/o Murari Lal Sharma, Aged About 32 Years, At Present Working At Phc Chavani, Block Neem Ka Thana, District Sikar.

22. Shailesh Kumar S/o Balveer, Aged About 26 Years, At Present Working At Phc Bihar, Block Neem Ka Thana, District Sikar.

23. Denesh Kumar Rohila S/o Puran Mal, Aged About 36 Years, At Present Working At Sdh Neem Ka Thana, Block Neem Ka Thana, District Sikar.

24. Saurabh Mangal S/o Omprakash Mangal, Aged About 37 Years, At Present Working At Sdh Neem Ka Thana, Block Neem Ka Than, District Sikar.

25. Krishna Kumari D/o Girdhari Lal, Aged About 32 Years, At Present Working At Sdh, Neem Ka Thana, Block Neem Ka Thana, District Sikar.

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26. Jyoti D/o Mukesh, Aged About 31 Years, At Present Working At Sdh, Neem Ka Thana, Block Neema Ka Thana, District Sikar.

27. Kishan Lal S/o Rajendra Kumar, Aged About 31 Years, At Present Working At Phc, Bhudoli, Block Neem Ka Thana, District Sikar.

28. Abdul Manan S/o Abdul Rahman, Aged About 30 Years, At Present Working At Acharya Shri Raghunath Smriti Jain, Govt. Hospital Sojat City, District Pali.

29. Ravi Kumar S/o Bheem Singh, Aged About 30 Years, At Present Working At Chc Bayana, District Bharatpur.

30. Mohammad Jiyaudeen S/o Abdul Rahim, Aged About 29 Years, At Present Working At Ramkaran Joshi General, District Hospital, Dausa.

31. Prakash Chandra S/o Kalu Ram, Aged About 30 Years, At Present Working At Acharya Shri Raghunath Smriti Jain, Govt. Hospital, Sojat City, District Pali.

32. Shankar Lal S/o Kalu Ram, Aged About 29 Years, At Present Working At Phc Dhamana, Block Kapasan, District Chittorgarh.

33. Manju Vaishnav W/o Raj Kumar, Aged About 31 Years, At Present Working At Phc, Singhpur, Block Kapasan, District Chittorgarh.

34. Vardi Chand S/o Ram Lal, Aged About 31 Years, At Present Working At Phc, Mandla Charan, Block Nimbahera, District Chittorgarh.

35. Hemant S/o Kulwant Rai, Aged About 31 Years, At Present Working At District Hospital, District Sriganganagar.

36. Durgesh Kumar S/o Surendra Singh, Aged About 28 Years, At Present Working At District Hospital, District Sriganganagar.

37. Vinod Kuamr S/o Ved Prakash, Aged About 35 Years, At Present Working At At District Hospital, District Sriganganagar.

38. Satendra Kumar S/o Om Prakash, Aged About 40 Years, At Present Working At District Hospital, District Sriganganagar.

39. Suman D/o Prithvi Raj, Aged About 29 Years, At Present

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Working At District Hospital, District Sriganganagar.

40. Suman W/o Bhupendra Singh, Aged About 28 Years, At Present Working At District Hospital, District Sriganganagar.

41. Vikas Grover S/o Tola Ram, Aged About 34 Years, At Present Working At District Hospital, District Sriganganagar.

42. Karan Raheja S/o Janak Raj Raheja, Aged About 27 Years, At Present Working At Uphc Purani Abadi, District Sriganganagar.

43. Dinesh Godara S/o Navai Ram, Aged About 29 Years, At Present Working At Chc, Nokha, District Bikaner.

44. Mohammad Sakir S/o Mohammad Sabir, Aged About 29 Years, At Present Working At Bangar Hospital, Deedwana (Nagaur).

45. Mohd. Sohil S/o Mohd. Aakil, Aged About 30 Years, At Present Working At Bangar Hospital, Deedwana (Nagaur).

46. Tulsi Prajapat S/o Mohan Lal, Aged About 24 Years, At Present Working At Chc Todabhim, District Karauli.

----Petitioners Versus

1. State Of Rajasthan, Through Principal Of Secretary, Medical And Health Service, Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Department Of Personnel, Government Of Rajasthan, Secretariat Jaipur.

3. Principal Secretary, Department Of Finance Government Of Rajasthan, Secretariat Jaipur.

4. Managing Director, N.h.m. Swasthya Bhawan, Jaipur.

5. Mission Director Nationa Health Commission, Jaipur.

6. Mission Director (Sncu/nicu), Shishu And Bal Kalyan Welfare Department, Rajasthan, Jaipur.

7. Director, Directorate Of Medical And Health Service, Government Of Rajasthan, Jaipur.

8. Direcotr (Non-Gazetted), Medical And Health Service, Government Of Rajasthan, Jaipur.

9. Nodal Officer (Mndy), Medical And Health Services, Jaipur.

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10. Nodal Officer (Mnjy), Medical And Health Services, Jaipur.

11. Rajasthan Medical Service Corporation Ltd. (Rmsc, Through Its Managing Director, Department Of Medical And Health, Swasthya Bhawan, Jaipur.

12. Chief Executive Officer, State Health Assurance Agency, Rajasthan, Jaipur.

13. Project Director National Health Mission (Mtc), Swasthya Bhawan, Secretariat, Jaipur.

14. Project Director National Heath Mission (Fbnc), Swasthya Bhawan, Secretariat, Jaipur.

15. Principal Medical Officer, Chittorgarh.

16. Principal Medical Officer, Chittorgah.

17. Rajasthan Medical Relief Society, Chittorgarh, Through Secretary, District Chittorgarh.

18. Principal Medical Officer, Jalore

19. Chief Medical And Health Officer, Jalore

20. Rajasthan Medical Relief Society, Jalore Through Secretary, District Jalore.

21. Principal Medical Officer, Sikar.

22. Chief Medical And Health Officer, Sikar.

23. Rajasthan Medical Relief Society, Sikar, Through Secretary, District Sikar.

24. Principal Medical Officer, Pali

25. Chief Medical And Health Officer, Pali

26. Rajasthan Medical Relief Society, Pali, Through Secretary, District Pali.

27. Principal Medical Officer, Bharatpur.

28. Chief Medical And Health Officer, Bharatpur.

29. Rajasthan Medical Relief Society, Bharatpur, Through Secretary, District Bharatpur.

30. Principal Medical Officer, Dausa.

31. Chief Medical And Health Officer, Dausa.

32. Rajasthan Medical Relief Society, Dausa, Through Secretary, District Dausa.

33. Principal Medical Officer, Sriganganagar.

34. Medical And Health Officer, Sriganganagar.

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35. Rajasthan Medical Relief Society, Sriganganagar Through Secretary, District Sriganganagar.

36. Principal Medical Officer, Nimbahera, District Chittorgarh.

37. Principal Medical Officer, Badi Sadri, District Chittorgarh.

38. Principal Medical Officer, Deedwana.

39. Chief Medical And Health Officer, Deedwana.

40. Rajasthan Medical Relief Society, Deedwana, Through Secretary, District Deedwana.

41. Principal Medical Officer, Karauli.

42. Chief Medical And Health Officer, Karauli.

43. Rajasthan Medical Relief Society, Karauli Through Secretary, District Karauli.

44. Principal Medical Officer, Bikaner.

45. Chief Medical And Health Officer, Bikaner.

46. Rajasthan Medical Relief Society, Bikaner Through Secretary, District Bikaner.

47. Principal Medical Officer, Nagaur.

48. Chief Medical And Health Officer, Nagaur.

49. Rajasthan Medical Relief Society, Nagaur Through Secretary, District Nagaur.

50. Principal Medical Officer, Bangar Hospital, Deedwana.

----Respondents

For Petitioner(s) : Mr. Shree Kant Verma

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

06/10/2023

Heard learned counsel for the petitioners.

The present writ petition has been filed with following

prayers:-

"I. By an appropriate writ, order or direction, the respondents may kindly be directed to regularize the services of the petitioner on their respective post after

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screening and consequently, give all the benefits of the services from the date of their respective initial date of appointment in view of the provisions of Rajasthan Contractual Hiring to Civil Posts Rules, 2022. II. By an appropriate writ, order or direction, the respondents may kindly be directed to treat the petitioners at par to the other employees who have been extended the benefits under the Rules of 2022."

Learned counsel for the petitioners submits that the

controversy involved in the present writ petition is squarely

covered by a judgment of this Court rendered in S.B. Civil Writ

Petition No.483/2023 (Hitesh Kumar & Ors. Vs. State of

Rajasthan & Ors.) and other connected matters, decided on

19.07.2023 in the following terms:-

"8. Having regard to the rival stands, instead of deciding petitioners' entitlement at this stage, as the same would require factual determination of various aspects, all these writ petitions are disposed of with the directions to each of the petitioners to file his/her representation before the CMHO of his/her District, where they are/were engaged.

9. It will be required of the petitioners to file a copy of the advertisement, appointment letter by the CMHO or any other competent Government official and/or a copy of the contract.

10. The representation aforesaid be filed on or before 10.08.2023.

11. The concerned CMHO shall consider candidature of each of the petitioners separately in terms of the Rules of 2022, particularly Rule 3 of the Rules of 2022. He shall clearly indicate as to whether appointment of the petitioner was under scheme or project of the State Government and he/she was engaged through public advertisement. The CMHO shall decide the representation of the petitioners on or before 15.09.2023.

12. The concerned CMHO shall forward the list of all the candidates, who fulfill the conditions of the Rules of 2022, to the Director Medical Health.

13. The Director Medical & Health shall consolidate list so sent by all the CMHOs and recommend the names to the Finance Department for doing the needful in accordance with law.

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14. Once, such list is received from the Director Medical & Health, the needful in accordance with law will be done by the Finance Department within a period of four weeks.

15. It is hereby made clear that this Court has not pronounced upon the eligibility or entitlement of any of the candidates under the Rules of 2022. In case any candidate has been engaged through placement agency, the concerned CMHO shall seek guidance from the State Government (Finance Department) and decide his/her case individually.

16. If final decision of the CMHO concerned or State Government is prejudicial to the rights of the petitioner(s), he/she/they will be free to take legal remedies in accordance with law.

17. Stay petitions also stand disposed of."

Learned counsel for the petitioners submits that they may

be permitted to file a representation to the respondents afresh for

redressal of the grievances in light of the judgment rendered by

this Court in the case of Hitesh Kumar (supra).

In view of the submission made by the learned counsel for

the petitioners, the present writ petition is disposed of with a

direction to the respondents to decide the representation of the

petitioners strictly in accordance with law, considering the

judgment rendered by this Court in the case of Hitesh Kumar

(supra), if the case of the petitioners stands on the same footing.

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.