Arvind vs State Of Rajasthan ...
2023 Latest Caselaw 8488 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16231/2023

1. Arvind S/o Nandlal, Aged About 35 Years, A Present Working At C.h.c. Kuchera District Nagaur.

2. Raju S/o Bhanwarlal, Aged About 26 Years, At Present Working At C.h.c. Deh District Nagaur.

3. Brijgopal S/o Kinvraj, Aged About 33 Years, At Present Working At C.h.c. Rol District Nagaur.

4. Sanjeev Kumar S/o Champa Lal, Aged About 31 Years, At Present Working At C.h.c. Bilara District Jodhpur.

5. Saraf Deen S/o Ganni Khan, Aged About 26 Years, At Present Working At Sdh Hospital Pokran District Jaisalmer.

6. Ajeet Mohd. S/o Abdul Rahaman, Aged About 31 Years, At Present Working At Sdh Hospital Pokran District Jaisalmer.

7. Hydar Ali S/o Hasamdeen Khan, Aged About 24 Years, At Present Working At Sdh Hospital Pokran District Jaisalmer.

8. Nanu Ram S/o Bhagwan Sahay, Aged About 35 Years, At Present Working Phc Kishanmanpura Block Govindghar District Jaipur-I.

9. Manoj Kumar Saini S/o Prem Prakash Saini, Aged About 31 Years, At Present Working At Phc Amanpura, Block Govindgarh District Jaipur-I.

10. Ravi Kumar S/o Surendra Kumar, Aged About 24 Years, At Present Working At Present Working At Uphc Chomu, Block Govindghar District Jaipur-I.

11. Ramraj Saini S/o Kaluram Saini, Aged About 32 Years, At Present Working At Phc Jatawali, Block Govindgharh District Jaipur-I.

12. Tarun Kumar S/o Madan Lal, Aged About 34 Years, At Present Working At Phc Hathnoda, Block Govindgharh District Jaipur-I.

13. Lalit Kumar S/o Udailal, Aged About 30 Years, At Present Working At Sub District Hospital, Bali District Pali.

14. Avinash S/o Mohanlal, Aged About 30 Years, At Present Working At Sub District Hospital, Bali District Pali.

15. Heera Lal S/o Padma Ram, Aged About 33 Years, At Present Working At Swasthya Mardarshak At Chc Takhatgarh, Block Sumerpur District Pali.

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16. Akash Kumar S/o Suresh Kumar, Aged About 25 Years, At Present Working As Ihms (Computer Operator)At Chc Takhatgarh, Block Sumerpur District Pali.

17. Dinesh Kumar S/o Kheta Ram, Aged About 31 Years, At Present Working As Lab Assistant Lab Assistant At Chc Takhatgarh Block, Sumerpur District Pali.

18. Ajay Pal Singh S/o Dalpat Singh, Aged About 32 Years, At Present Working As Sahayak Rediographer At Chc Takhatgarh, Block Sumerpur District Pali.

19. Jaisa Ram S/o Kesa Ram, Aged About 42 Years, At Present Working As Ward Boy At Chc Takhatgarh, Block Sumerpur District Pali.

20. Jagat Singh S/o Devi Singh, Aged About 34 Years, At Present Working As Lab Helper At Chc Takhatgarh Block Sumerpur District Pali.

21. Pata Ram S/o Vaga Ram, Aged About 32 Years, At Present Working As Sweeper At Chc Takhatgarh, Block Sumerpur District Pali.

22. Lokesh Sharma S/o Amba Lal, Aged About 47 Years, R/o Behind Collage, Banswara.

23. Rachna Mehta W/o Deepak Mehta, Aged About 44 Years, R/o Mohan Colony, Gali No.02, Banswara.

24. Rahul Joshi S/o Praveen Joshi, Aged About 36 Years, R/o Odhiyawad Gali, Magalxami Chowk, Banswara.

25. Raghvendra Singh S/o Rajpal Singh, Aged About 36 Years, R/o 1-F-7, Housing Board, Banswara.

26. Chetan Kumar Mali S/o Champa Lal Mali, Aged About 27 Years, Working As Computer Operator (Ihms) Chc - Ras , District - Beawar (Raj).

27. Sonu Mahawar S/o Ratan Lal Mahawar, Aged About 24 Years, Working As Sawasthy Maragdarsak (Mmcsby) At Chc - Wazirpur, District, Sawai Madhopur.

28. Rajanish Kumar S/o Raghuveer Singh, Aged About 28 Years, Working As Sawasthy Maragdarsak (Mmcsby) At Chc - Jajod, Laxmangrah, District - Sikar.

29. Gopal Damami S/o Ramesh Chandra, Aged About 25 Years, Working As Data Entry Operator At District Tb Clinic Cmho Office , District- Chittorgarh.

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30. Narayan Lal Nangarchi S/o Ramesh Chandra, Aged About 32 Years, Working As Data Entry Operator At Rcho Office , District -Chittorgarh.

31. Shabanam Shah W/o Abdul Rashid, Aged About 33 Years, Working As Data Entry Operator (Mnjy) At Govt. District Hospital, Chittorgarh.

32. Dharmesh Sen S/o Chhotu Lal Sen, Aged About 23 Years, Working As Sawasthy Maragdarsak (Mmcsby) At Chc - Vijaypur, District - Chittorgarh.

33. Mahendra Kumar Rayka S/o Dungar Mal Rebari, Aged About 25 Years, Working As Swathya Margdarshak (Mmcsby) At Shree Sanwaliya Ji Distict Hospital, Chittorgarh.

34. Chetan Saini S/o Aasha Ram Saini, Aged About 25 Years, Working As Oxygen Plant Operator Chc Tijara , District Khaithal-Tijara Rajasthan.

35. Prakash Chandra Gurjar S/o Ratan Lal Gurjar, Aged About 23 Years, Working As Swathya Margdarshak (Mmcsby) At Shree Sanwaliya Ji Distict Hospital , Chittorgarh.

----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),

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Department Of Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its Managing Director.

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

11. Chief Executive Officer, State Health Assurance Agency, Jaipur.

12. Principal Medical Officer, Nagaur.

13. Chief Medical And Health Officer, Nagaur.

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

15. Principal Medical Officer, Jodhpur.

16. Chief Medical And Health Officer, Jodhpur.

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

18. Principal Medical Officer, Jaisalmer.

19. Chief Medical And Health Officer, Jaisalmer.

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

21. Principal Medical Officer, Jaipur-I.

22. Chief Medical And Health Officer, Jaipur-I.

23. Rajasthan Medical Relief Society, Jaipur-I, Through Secretary, District Jaipur-I.

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, Banswara.

28. Chief Medical And Health Officer, Banswara.

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

30. Principal Medical Officer, Beawar.

31. Chief Medical And Health Officer, Beawar.

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

33. Principal Medical Officer, Sawaimadhopur.

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34. Chief Medical And Health Officer, Sawaimadhopur.

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

36. Principal Medical Officer, Sikar.

37. Chief Medical And Health Officer, Sikar.

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

39. Principal Medical Officer, Chittorgarh.

40. Chief Medical And Health Officer, Chittorgarh.

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

42. Principal Medical Officer, Kaithal-Tijara.

43. Chief Medical And Health Officer, Kaithal-Tijara.

44. Rajasthan Medical Relief Society, Kaithal-Tijara, Through Secretary, District Kaithal-Tijara.

45. Principal Medical Officer, Bali District Pali.

46. Principal Medical Officer, Sanwaliya Ji District Hospital, Chittorgarh.

47. District Tb Officer, Chittorgarh.

48. The Rcho, District Chittorgarh.

49. Medical Officer, Mhatma Gandhi Hospital, Banswara.

----Respondents

For Petitioner(s) : Mr. Shreekant Verma

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

13/10/2023

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

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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

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 petitioner

would be entitled to the relief.

(VINIT KUMAR MATHUR),J 92-Shahenshah/-

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