Mahaveer Kathak vs State Of Rajasthan ...
2023 Latest Caselaw 8492 Raj

[2023:RJ-JD:35088]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16175/2023

1. Mahaveer Kathak S/o Nijam Kathat, Aged About 32 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

2. Prakash Chand Dagdi S/o Nathu Ram, Aged About 33 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

3. Santosh Singh S/o Hari Singh, Aged About 34 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

4. Gaurav Chaturvedi S/o Sushil Chaturvedi, Aged About 35 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

5. Arvind Kathat S/o Damodar Kathat, Aged About 36 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

6. Sanjay Singh S/o Mohan Singh, Aged About 33 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

7. Sumit Rao S/o Kuljeet Rao, Aged About 34 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

8. Neeraj Chaturvedi W/o Gaurav Chaturvedi, Aged About 33 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

9. Gajendra Saini S/o Madan Lal Saini, Aged About 34 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

10. Ashish Morison S/o Morison David, Aged About 33 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

11. Lokesh Kumawat S/o Seeta Ram Kumawat, Aged About 34 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

12. Ramu Kathat S/o Sayar Kathat, Aged About 33 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

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13. Phalguni Parik D/o Hemant Parik, Aged About 32 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

14. Vishwas Gujrati S/o Hemraj Gujrati, Aged About 33 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

15. Jai Prakash S/o Sukhdev Ji, Aged About 34 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

16. Sangeeta Chouhan W/o Kamal Chouhan, Aged About 33 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

17. Vinod Kanwar S/o Kimmat Singh, Aged About 34 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

18. Surgyan Yadav W/o Mukesh Yadav, Aged About 34 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

19. Deepika Bhati W/o Indra Prakash, Aged About 33 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

20. Vandna W/o Sandeep Tanwar, Aged About 33 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

21. Rekha Devi W/o Vijay Dagdi, Aged About 34 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

22. Rahul Singh S/o Jaswant Singh, Aged About 33 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

23. Taruna Dagdi W/o Mukesh Dagdi, Aged About 34 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

24. Rekha Devi W/o Manohar Singh, Aged About 33 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

25. Manohrma Devi W/o Ajay Kumar Dagdi, Aged About 34 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

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26. Alveena W/o Simon Harun, Aged About 35 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

27. Anita Massey W/o Sandeep Massey, Aged About 34 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

28. Santosh Bhati W/o Mukesh Bhati, Aged About 33 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

29. Sanjay Lakhan S/o Ram Prashad, Aged About 34 Years, At Present Working At Govt. Amrit Kour Hospital, District Beawar.

----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 (Budged) 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, Mnjy, 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.

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

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

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12. Principal Medical Officer, Beawar.

13. Chief Medical And Health Officer, Beawar.

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

15. Secretary Rajasthan Medical Relief Society, Govt. Amrit Kour Hospital, Beawar.

----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

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.

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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 63-Shahenshah/-

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