Rajasthan High Court - Jodhpur

Chunaram vs State Of Rajasthan ... on 13 October, 2023

Bench: Vinit Kumar Mathur

[2023:RJ-JD:35116] (1 of 8) [CW-16221/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16221/2023

1. Chunaram S/o Bagasa Ram, Aged About 45 Years, At Present Working Electrician Jln Hospital Nagaur.

2. Mahender Chawla S/o Banshilal Chawla, Aged About 24 Years, At Present Working Oxygen Plant Technician In Govt. J.l.n. Hosptial Nagaur.

3. Chandra Mohan S/o Chothu Ram Jawa, Aged About 41 Years, At Present Working Ward Boy Rmrs J.l.n. Govt. Hospital Nagaur.

4. Bhupendra S/o Kushal Ram, Aged About 18 Years, At Present Working As Helper Jln Hospital Naguar.

5. Bheru Singh S/o Basti Ram, Aged About 45 Years, Post Helpar J L N. Govt Hospital Nagaur R/o

6. Kavita D/o Bheru Ram, Aged About 19 Years, Post Helpar Jln Govt Hospital Nagaur.

7. Lokesh Kumar Samariya S/o Mangi Lal Samariya, Aged About 28 Years, Computer Operter Jln Govt Hospital Nagaur.

8. Mahendar Pal Meghwal S/o Kunaram Meghwal, Aged About 24 Years, At Present Working Oxygen Plant Technician In Govt. J.l.n. Hosptial Nagaur Nagaur.

9. Suresh Kumar S/o Jetha Ram, Aged About 38 Years, At Present Working Driver At Jln Govt. Hospital Nagaur.

10. Jai Karan S/o Manroop, Aged About 26 Years, 05/07/1997 At Present Working Oxygen Plant Technician In Govt. J.l.n. Hosptial Nagaur.

11. Kanwarilal S/o Jeta Ram, Aged About 24 Years, At Present Working Oxygen Plant Technician In Govt. J.l.n. Hosptial Nagaur.

12. Riyaz Ali S/o Mustaq Ahmed, Aged About 27 Years, At Present Working Oxegen Tecncian Jln Govt Hospital Nagaur.

13. Prem Prakash S/o Jetha Ram, Aged About 28 Years, At Present Working As Oxizen Plant Operator Jln Hospital Nagaur.

14. Amarchand S/o Mahendra Kumar, Aged About 24 Years, At Present Working As Oxizen Plant Operator Jln Hospital Nagaur.

15. Jeevraj Singh S/o Ghisu Singh, Aged About 30 Years, Helper At Present Jln Hospital Nagaur.

16. Manoj Ganchi S/o Rughnath Ganchi, Aged About 22 Years, Working Ward Boy Jln Hospital Nagaur.

17. Ashok Khilery S/o Bhanwara Ram, Aged About 22 Years, At Present Working As Plant Operater R/o J.l.n. Hospital

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Nagaur.

18. Ajay Ghanchi S/o Ram Prasad Ghanchi, Aged About 24 Years, Working Ward Boy Jln Hospital Nagaur.

19. Suresh Kanwar S/o Ratan Singh, Aged About 34 Years, At Present Working At Jln Hospital Nagaur.

20. Nirma Puniya W/o Mohan Ram, Aged About 25 Years, At Present Working Helper Jln Hospital Nagaur.

21. Yogesh S/o Teja Ram Solanki, Aged About 23 Years, At Present Working Driver Jln Hospital Nagaur R/o 2/371, Housing Bord Nagaur.

22. Mohd. Adif S/o Khalil Aehmad, Aged About 26 Years, At Present Working As Helpar Stor J.l.n Hospital Nagaur. R/o Babu Kaorti School Ke Pass Nagaur.

23. Saroj Puri S/o Mohan Puri, Aged About 41 Years, At Present Working Helper Jln Hospital Nagaur.

24. Mukesh S/o Bhera Ram, Aged About 20 Years, At Present Working As Helper, R/o Joshiyad Nagaur.

25. Uttam Singh S/o Arjun Singh, Aged About 27 Years, Post Ward Boy Helper Jln Hosp Nagaur Indra Colony Nagaur.

26. Dinesh S/o Dharmaram, Aged About 24 Years, At Present Working As Helper R/o Gagwana Nagaur.

27. Bharat Singh S/o Laxman Singh, Aged About 30 Years, At Present Working Helper Jln Hospital Nagaur.

28. Sonu Kanwar D/o Jaswant Singh, Aged About 35 Years, At Present Working Helper Jln Hospital Nagaur.

29. Raghvendra S/o Arjun Ram, Aged About 24 Years, At Present Working As Oxizen Plant Operator Jln Hospital District Nagaur.

30. Jaykishan Bhargav S/o Nagarchand Bhargav, Aged About 24 Years, Computer Oprater (Rtpcr-Lab) Jln Govt Hospital Nagaur.

31. Mehram S/o Dungar Ram, Aged About 27 Years, Working As Fireman At Jln Hospital Nagaur.

32. Ramjeevan Choudhary S/o Prahalad Ram, Aged About 22 Years, At Present Working As Fireman At Jln Hospital Nagaur.

33. Om Prakash Chauhan S/o Madan Lal Chauhan, Aged About 43 Years, At Present Working As Lekhakarmi Family Planing And Jsy At Jln Govt Hospital Nagaur.

34. Govind Bhati S/o Kanhaya Lal, Aged About 29 Years, R/o, At Present Working As Computer Operator (Jsy) At Jln Govt Hospital Nagaur.

35. Sahadev Tanwar S/o Sitaram Tanwar, Aged About 31 Years, At Present Working As Helper At Jln Govt Hospital Nagaur.

36. Rajendra Meghwal S/o Beeja Ram Meghwal, Aged About 32 Years, R/o At Present Working As Helper At Jln Govt

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Hospital Nagaur.

37. Shyam Sunder Bishnoi S/o Hari Ram Bishnoi, Aged About 22 Years, At Present Working Helper Jln Hospital Nagaur.

38. Satsagar Mishra S/o Ramkripal Mishra, Aged About 46 Years, At Present Working Helper Jln Hospital Nagaur.

39. Rabeya Basra S/o Habib Khan, Aged About 37 Years, At Present Working Helper (Rtpcr_Lab) Jln Govt Hospital Nagaur.

40. Sarfaraj S/o Mo Raphik, Aged About 32 Years, At Present Working Main With Machine (Mndy) Jln Hospital Nagaur.

41. Shetha Ram S/o Hanuman Ram, Aged About 35 Years, At Present Working Gat Keepar Jln Hosipal Nagaur.

42. Mohammad Ishak Dhobi S/o Mohammad Harun Dhobi, Aged About 28 Years, At Present Working Helper Jln Hospital Nagaur.

43. Yogesh Tak S/o Hari Prasad, Aged About 28 Years, At Present Warking Electrician Jln Hospital Nagaur.

44. Kesha Ram S/o Sugna Ram, Aged About 50 Years, At Present Working At Get Keeper/gaur J.ln Gov.hospital Nagaur.

45. Natwar Lal S/o Rajesh, Aged About 38 Years, At Present Working Sweeper Jln Govt. Hospital Nagaur Rajasthan.

46. Bhagirath S/o Punamechand Sen, Aged About 27 Years, At Present Working Gard Jln Hosiptal Nagaur.

47. Ajay Singh S/o Himmat Singh, Aged About 22 Years, At Present Working Helper Jln Nagaur.

48. Himmat Singh S/o Prabhu Singh, Aged About 41 Years, At Present Working Ward Boy Jln Hospital Nagaur.

49. Ramraj S/o Sugana Ram, Aged About 24 Years, At Present Working Deo Jln Hospital Nagaur.

50. Seema Acharya S/o Rakesh Acharya, Aged About 46 Years, At Present Working Yasoda Jln Hospital Nagaur.

51. Dinesh Kumar Jangu S/o Rameshwar Lal, Aged About 32 Years, At Present Working As Oxizen Plant Operator Jln Govt. Hospital Nagaur.

52. Hitesh Parashar S/o Surendra Prasad, Aged About 38 Years, At Present Working As Patient Counsellor Jln Hospital District Nagaur.

53. Abhishek Panwar S/o Baldev Ram Panwar, Aged About 29 Years, At Present Working Computer Oprator At Jln Hospital Nagaur.

54. Manish Kumar S/o Babulal, Aged About 26 Years, At Present Working At Computer Oprater Jln Govt Hospital Nagaur.

55. Ajay Meena S/o Mohan Lal, Aged About 40 Years, At Present Working As Helaper Jln Hospital Nagaur.

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56. Manish S/o Bhanwar Lal, Aged About 20 Years, At Present Working Ward Boy At Jln Govt Hospital (Nagaur).

57. Padma W/o Jugal Kishor, Aged About 43 Years, At Present Working Yashoda Jln Hospital.

58. Aditya Parashar S/o Rajendra Prasad Sharma, Aged About 35 Years, At Present Working As Supporting Staff Dave Nagar Deh Road, Nagaur.

59. Rameshwar S/o Mansukhram Acharya, Aged About 40 Years, At Present Working Driver Jln Govt Hospital Nagaur.

60. Subhash Chandra S/o Devaram, Aged About 44 Years, At Present Working Helper Jln Hospital Nagaur.

61. Himanshu Goyal S/o Jagdish Goyal, Aged About 26 Years, At Present Working Computer Operator Jln Hospital Nagaur.

62. Saifuddeen Ansari S/o Zameeruddeen Ansari, Aged About 26 Years, At Present Working As Lab Technician At Jln Government Hospital Nagaur.

63. Ravindra Sen S/o Ramesh Kumar Sen, Aged About 24 Years, At Present Working Helper Jln Hospital Nagaur.

64. Rajuram S/o Pannaram, Aged About 28 Years, At Present Working Ward Boy At Jln Govt Hospital Nagaur.

65. Peeru Lal S/o Shankrlal, Aged About 34 Years, At Present Working At P.h.c. Bhanwata District Ajmer.

66. Kishan Lal Saini S/o Ghadharilal Saini, Aged About 40 Years, At Present Working At C.h.c. Udaipurvati District Neemkathan.

67. Sanjan Kumari W/o Mahesh Kumar, Aged About 50 Years, At Present Working As Data Enry Operator At C.h.c. Surajgarh District Jhunjhunu.

68. Rajendra S/o Birbal Raigar, Aged About 35 Years, At Present Working As Data Entry Operator At Chc Surajgarh District Jhunjhunu.

----Petitioners Versus

1. State Of Rajasthan, Through Principal Of Secretary, Medical And Health Services, 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, National Health Commission, Jaipur.

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

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

8. Director (Non-Gazetted), Medical And Health Services, Government Of Rajasthan, Jaipur.

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

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

11. Rajasthan Medical Services 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 Health Mission (Fbnc), Swasthya Bhawan, Secretariat, Jaipur.

15. Principal Medical Officer, Govt. Hospital, Nagaur.

16. Chief Medical And Health Officer, Nagaur.

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

18. Principal Medical Officer, Govt. Hospital, Ajmer.

19. Chief Medical And Health Officer, Ajmer.

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

21. Principal Medical Officer, Govt. Hospital, Neemkathana.

22. Chief Medical And Health Officer, Neemkathana.

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

24. Principal Medical Officer, Govt. Hospital, Jhunjhunu.

25. Chief Medical And Health Officer, Jhunjhunu.

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

                                                                  ----Respondents


For Petitioner(s)          :    Mr. Pritam Joshi
For Respondent(s)          :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

13/10/2023

Heard learned counsel for the petitioners.

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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 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.

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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.

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