Sunil Kumar Saini vs State Of Rajasthan ...
2023 Latest Caselaw 7359 Raj

Citation : 2023 Latest Caselaw 7359 Raj
Judgement Date : 19 September, 2023

Rajasthan High Court - Jodhpur

Sunil Kumar Saini vs State Of Rajasthan ... on 19 September, 2023

Bench: Vinit Kumar Mathur

[2023:RJ-JD:30526]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14242/2023

1. Sunil Kumar Saini S/o Samdar Saini, Aged About 37 Years, R/o Village Badagaon, Tehsil Gudhagodji, District Jhunjhunu, Rajasthan.

2. Surendra Kumar Sharma S/o Sita Ram Sharma, Aged About 39 Years, R/o Village Malagwas, Post Khuri Kalan, District Dausa, Rajasthan.

3. Jitendra Kumar Sharma S/o Gopal Lal Sharma, Aged About 39 Years, R/o 220, Near Power House Grade, Jaipur Road, Sainthal Mod, Dausa, Rajasthan.

4. Prashant Kumar Tailor S/o Ramesh Chandra Tailor, Aged About 27 Years, R/o Vpo Kundal, Tehsil Sainthal, District Dausa, Rajasthan.

5. Rahul Sharma S/o Vishnu Dayal Sharma, Aged About 36 Years, R/o Panchayat Samiti Road, Dausa, Rajasthan.

6. Pawan Kumar Sharma S/o Ramcharan Sharma, Aged About 34 Years, R/o Bohara Sadan, Sainthal Road, Dausa, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur.

2. The Director, State Health And Family Welfare Institution, Jaipur.

3. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur.

4. The Director (Public Health), Medical And Health Services, Rajasthan, Jaipur.

5. The Chief Medical And Health Officer, Dausa.

6. The Member Secretary, District Medicare Relief Society, Govt. B.d.k. Hospital, Jhunjhunu.

----Respondents

For Petitioner(s) : Mr. Hansraj Nimbar Mr. Ram Pratap Saini, through VC

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

19/09/2023

Heard learned counsel for the petitioners.

The present writ petition has been filed with following

prayers:-

[2023:RJ-JD:30526] (2 of 4) [CW-14242/2023]

"I. By an appropriate writ, order or direction, the respondents be directed to regularize the services of the petitioners considering long service by including them under the Rajasthan Contractual Hiring to Civil Posts Rules, 2022.

II. Issue an appropriate writ, order or direction in the nature thereof thereby, the respondents be directed to continue the petitioners on the post of Pharmacist/Computer Operator and not to replace them by another set up of contractual employees and further direct the respondents to treat the petitioners at par to the other employees who have been extended the benefit under the Rajasthan Contractual Hiring to Civil Posts Rules, 2022 III. Issue an appropriate writ order or direction in the nature thereof thereby, the respondents be directed to give same benefit as given in the case of Rajesh Saini & Ors. Vs. State of Rajasthan & Ors. SBCWP No.2150/2023 decided on 18.08.2023 (Annex.5) by this Hon'ble Court."

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

[2023:RJ-JD:30526] (3 of 4) [CW-14242/2023]

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.

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 he 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 petitioner stands on the same footing.

The order has been passed based on the submissions made