Rajasthan High Court - Jodhpur

Gop Singh vs State Of Rajasthan ... on 26 September, 2023

Bench: Dinesh Mehta

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14685/2023

1. Gop Singh S/o Devi Singh, Aged About 30 Years, Working At Chc, Kelwara, District Rajsamand.

2. Roop Singh S/o Prithvi Singh, Aged About 34 Years, At Present Working At Chc, Kelwara, District Rajsamand.

3. Kalyan Singh S/o Devi Singh, Aged About 32 Years, At Present Working At Phc,, Bhuti, Block Ahore, District Jalore.

4. Parwat Sharma S/o Ganpat Lal Sharma, Aged About 25 Years, At Presently Working At Phc, Nosara, Block Ahore, District Jalore.

5. Sonu Bhoi S/o Amba Lal, Aged About 24 Years, At Present Working At Phc, Galwa, Block Amet, District Rajsamand.

6. Ghanshyam Mewara S/o Shankar Lal, Aged About 26 Years, At Present Working At Phc, Sardargardh, Block Amet, District Rajsamand.

7. Joga Ram S/o Birma Ram, Aged About 30 Years, At Present Working At Chc, Chamu, Block Chamu, District Jodhpur.

8. Ratan Singh S/o Ganga Singh, Aged About 32 Years, At Present Working At Chc, Setrawa, Block Dechu, District Jodhpur.

9. Chanan Singh S/o Bheem Singh, Aged About 32 Years, At Present Working At Chc, Balesar, Block Balesar, District Jodhpur.

10. Banshi Lal S/o Prahlad Ram, Aged About 33 Years, At Present Working At Chc, Baap, District Jodhpur.

11. Surendra Saran S/o Likhma Ram, Aged About 24 Years, At Present Working At Chc Chamu, Block Chamu, District Jodhpur

12. Mahendra Singh S/o Anop Singh, Aged About 32 Years, At Present Working At Chc, Osiya, Block Osiya, District Jodhpur.

13. Akhe Singh S/o Jabbar Singh, Aged About 31 Years, At Present Working At Chc, Dechu, Block Dechu, District Jodhpur.

14. Vimla D/o Ganesha Ram, Aged About 36 Years, At Present

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Working At Jawahar Hospital, District Jaisalmer.

15. Babu Lal S/o Mohan Lal, Aged About 44 Years, At Present Working At Sub District Hospital, Sri Dungargarh, District Bikaner.

16. Mohd. Kosar S/o Mohd. Islam, Aged About 27 Years, At Present Working At Uphc, Kali Paltan, District Tonk.

17. Mohd. Zahid S/o Mohd. Abdullah, Aged About 27 Years, At Present Working At Janana Hospital, District Tonk.

18. Deepak S/o Gajendra, Aged About 33 Years, At Present Working At Chc Jhanwar, Block Dhawa, District Jodhpur.

19. Jodha Ram S/o Navla Ram, Aged About 28 Years, At Present Working At Chc Jhanwar, Block Dhawa, District Jodhpur.

20. Raj Kishore Verma S/o Atar Singh, Aged About 29 Years, At Present Working At District Hospital Hindaun City, District Karauli.

21. Gokhlender Chaturvedi S/o Ram Bharose, Aged About 34 Years, At Present Working At District Hospital Hindaun City, District Karauli.

22. Jitendra S/o Jagdish, Aged About 24 Years, At Present Working At District Hospital Hindaun City, District Karauli.

23. Ajay Sharma S/o Narendra Sharma, Aged About 30 Years, At Present Working At District Hospital Hindaun City, District Karauli.

24. Gautam Gaur S/o Jugal Kishore, Aged About 33 Years, At Present Working At Chc, Lunkaransar, District Bikaner.

25. Shankar Lal S/o Madan Lal, Aged About 33 Years, At Present Working At Sd Hospital Kolayat, District Bikaner.

26. Rahul S/o Sagar Mal, Aged About 24 Years, At Present Working At Chc, Lunkaransar, District Bikaner.

27. Gafoor S/o Khalik, Aged About 34 Years, At Present Working At Chc, Khajuwala, District Bikaner.

28. Suman D/o Devi Lal, Aged About 33 Years, At Present Working At Chc, Gajner, District Bikaner.

29. Mahendra S/o Ramniwas, Aged About 30 Years, At Present Working At Chc Lalgarh, District Churu.

30. Ram Pal S/o Kalu Ram, Aged About 32 Years, At Present Working At Phc, Baghsara, Aathuna, District Churu.

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31. Praveen Kumar S/o Bhoop Raj, Aged About 33 Years, At Present Working At Chc Harji Block Ahore, District Jalore.

32. Chetan S/o Niranjan Lal, Aged About 43 Years, At Present Working At Chc, Ahore, District Jalore.

33. Varda Ram S/o Lumba Ram, Aged About 42 Years, At Present Working At Phc Badanwari, Block And District Jalore.

34. Heer Singh S/o Mal Singh, Aged About 30 Years, At Present Working At Phc, Dhumbdiya, Block Bhinmal, District Jalore.

35. Sushila W/o Prem Chand, Aged About 44 Years, At Present Working At Sd Hospital Nohar, District Hanumangarh.

36. Jitendra Kumar S/o Sohan Lal Regar, Aged About 31 Years, At Present Working At Cmho Sirohi, Dist. Sirohi.

37. Puran Kumar Mali S/o Kapura Ram, Aged About 32 Years, At Present Working At Cmho Office Sirohi, Dist. Sirohi.

38. Mahendra Parmar S/o Shankar Lal, Aged About 30 Years, At Present Working At Cmho, Sirohi, Dist. Sirohi.

39. Suraj Kalawant S/o Madan Lal, Aged About 27 Years, Present Working At Cmho, Sirohi, Dist. Sirohi.

40. Kheta Ram Mali S/o Goma Ram Mali, Aged About 27 Years, At Present Working At Cmho, Sirohi, Dist. Sirohi.

41. Chhagan Lal Meghwal S/o Bhima Ram, Aged About 48 Years, At Present Working At Cmho Office Sirohi, Dist. Sirohi.

42. Ram Lal Rawal S/o Babu Lal Ji Rawal, Aged About 35 Years, At Present Working At Cmho Office Sirohi, Dist. Sirohi.

43. Praveen Singh Inda S/o Pratap Singh, Aged About 31 Years, At Present Working At Community Health Centre Aburoad, District Sirohi.

44. Arvind Kumar Chouhan S/o Shankar Lal, Aged About 30 Years, At Present Working At Community Health Centre Aburoad, Sirohi.

45. Jitendra Meghwal S/o Veera Ram, Aged About 37 Years, At Present Working At Block Sirohi.

46. Vijay Singh Deora S/o Ganga Singh, Aged About 24

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Years, At Present Working At Community Health Centre, Reodar, Sirohi.

47. Sohan Lal Garasiya S/o Dola Ram, Aged About 31 Years, At Present Working At Cmho Office, Sirohi Dist. Sirohi.

48. Kapil Soni S/o Ghanshyam Soni, Aged About 30 Years, At Present Working At Phc Mandvi, Block Dhariyawad District Pratapgarh.

49. Lokesh Bhardwaj S/o Om Prakash, Aged About 33 Years, At Present Working At Phc Managaon Block Dhariyawad District Pratapgarh (Raj.).

50. Nitish Bhardwaj S/o Kamlesh Kumar, Aged About 35 Years, At Present Working At Chc Dhariyawad, Block Dhariyawad, District Pratapgarh.

51. Thawar Chand Meghwal S/o Chokha Meghwal, Aged About 36 Years, At Present Working At Phc Pahada, Block Dhariyawad, Pratapgarh.

52. Kundan Singh Chandrawat S/o Krishna Narayan Singh Chandrawat, Aged About 32 Years, At Present Working At Phc Kesariyawad, Block Dhariyawad District Pratapgarh (Raj.).

53. Nitesh Labana S/o Lala Ram Labana, Aged About 28 Years, At Present Working At Phc Devla, Block Dhariyawad District Pratapgarh.

54. Krishana Sanwariya D/o Ghasi Lal Khinchi, Aged About 38 Years, At Present Working At Chc Dhariyawad, Block Dhariyawad, District Pratapgarh.

55. Lalit Kumar S/o Uday Lal, Aged About 30 Years, At Present Working At Sub District Hospital, Bali, District Pali.

56. Avinash Birawat S/o Mohan Lal, Aged About 30 Years, Resident Of Adarsh Basti, Bali, District Pali.

57. Nathu Singh S/o Bhopal Singh, Aged About 39 Years, At Present Working At Chc, Rajikavass, Block Jaswantpura, District Jalore.

58. Amrit Lal S/o Mangi Lal, Aged About 45 Years, At Present Working At Chc, Ahore, District Jalore.

59. Jethu Singh S/o Bhikh Singh, Aged About 30 Years, At Present Working At District Hospital, Pokhran, District

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Jaisalmer.

60. Aman Sidana S/o Surendra Kumar, Aged About 29 Years, At Present Working At Chc, Tibbi, District Hanumangarh.

61. Bhagirath Mal Gora S/o Sultan Singh, Aged About 28 Years, At Present Working At S.k. Hospital, District Sikar.

62. Ajay Singh S/o Bhairu Singh, Aged About 29 Years, At Present Working At S.k. Hospital, District Sikar.

63. Surendra Kumar Moond S/o Rampratap Singh Moond, Aged About 31 Years, At Present Working At S.k. Hospital, District Sikar.

64. Mukesh Kumar S/o Shri Chand, Aged About 29 Years, At Present Working At S.k. Hospital, District Sikar.

65. Rajesh Moond S/o Daya Ram Moond, Aged About 30 Years, At Present Working At S.k. Hospital, District Sikar.

66. Hemant Kumar Chouhan S/o Manoj Kumar Chouhan, Aged About 32 Years, At Present Working At S.k. Hospital, District Sikar.

67. Kamla Kumari D/o Bhagwana Ram, Aged About 29 Years, At Present Working At S.k. Hospital, District Sikar.

68. Vishnu Kumawat S/o Moti Lal Kumawat, Aged About 30 Years, At Present Working At S.k. Hospital, District Sikar.

69. Mukesh Khokhar S/o Bhanwar Lal Jat, Aged About 31 Years, At Present Working At S.k. Hospital, District Sikar.

70. Tara Nitharwal W/o Sandip Kumar, Aged About 28 Years, At Present Working At S.k. Hospital, District Sikar.

71. Dishankar Saini S/o Ratan Lal Saini, Aged About 30 Years, At Present Working At S.k. Hospital, District Sikar.

72. Nitesh Kumar Sharma S/o Omprakash, Aged About 29 Years, At Present Working At S.k. Hospital, District Sikar.

73. Gopal Verma S/o Kalu Ram Verma, Aged About 28 Years, At Present Working At S.k. Hospital, District Sikar.

74. Manju Choudhary D/o Shri Ratnaram W/o Shri Manaram, Aged About 27 Years, At Present Working At Jln Govt. Hospital Nagaur.

75. Asha D/o Shri Baub Lal, Aged About 33 Years, Present Working At Jln Govt. Hospital Nagaur.

76. Ramesh Dheru S/o Shri Bhura Ram, Aged About 26 Years,

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Present Working At Jln Govt. Hospital Nagaur.

77. Narendra Kumar S/o Hajari Ram Prajapat, Aged About 32 Years, At Present Working At Jln Govt. Hospital Nagaur, R/ o Vpo Tankla District Nagaur.

78. Devendra Dholiya S/o Lakharam Dholiya, Aged About 27 Years, At Present Working At Jln Govt. Hospital Nagaur.

79. Anand Prakash Bhargav S/o Ram Niwas Bhargav, Aged About 28 Years, At Present Working At Jln Govt. Hospital Nagaur.

80. Munni Ram S/o Bhagirath Ram, Aged About 31 Years, At Present Working At Jln Govt. Hospital Nagaur.

81. Devi Lal Dogiwal S/o Jagram Dogiwal, Aged About 30 Years, At Present Working At Jln Govt. Hospital Nagaur.

82. Arun Chavariya S/o Jagdish Chavariya, Aged About 27 Years, At Present Working At Jln Govt. Hospital Nagaur.

83. Ajay Bhargava S/o Bajrang Lal Bhargava, Aged About 33 Years, At Present Working At Jln Govt. Hospital Nagaur.

84. Devi Sharan S/o Puran Chand, Aged About 38 Years, At Present Working At Chc, Masalpur, District Karauli.

85. Satya Prakash S/o Pukhraj, Aged About 37 Years, At Present Working At Jln Govt. Hospital, Nagaur.

86. Shabhaj Khan S/o Firoj Khan, Aged About 30 Years, At Present Working At Jln Hospital, Nagaur.

87. Shahzad Khan S/o Rais Khan, Aged About 33 Years, At Present Working At Jln Hospital, District Nagaur.

88. Hanuman Bhati S/o Ramesh Bhati, Aged About 33 Years, At Present Working At Jln Hospital, Nagaur.

89. Chandra Prakash S/o Mohan Lal, Aged About 36 Years, At Present Working At Jln Hospital, Nagaur.

90. Naveen Jain S/o Shree Chand Jain, Aged About 33 Years, At Present Working At Jln Hospital, Nagaur.

91. Saroj Borana D/o Sardar Mal, Aged About 31 Years, At Present Working At Jln Hospital, Nagaur.

92. Sanjay Kumar Chouhan S/o Ramesh Chouhan, Aged About 42 Years, At Present Working At Govt. Amrit Kaur Hospital, Beawar, Ajmer.

93. Lal Bahadur Tailor S/o Puran Mal Tailor, Aged About 48

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Years, At Present Working At Govt. Amrit Kaur Hospital, Beawar, Ajmer.

94. Parmeshwar Pareek S/o Govind Narayan Pareek, Aged About 38 Years, At Present Working At Govt. Amrit Kaur Hospital, Beawar, Ajmer.

95. Laxman Singh Chouhan S/o Hari Singh Chouhan, Aged About 45 Years, At Present Working At Govt. Amrit Kaur Hospital, Beawar, Ajmer.

96. Deepak Parashar S/o Lt. Lal Chand Sharma, Aged About 32 Years, At Present Working At Govt. Amrit Kaur Hospital, Beawar, Ajmer.

97. Parul Sankhla S/o Shankar Lal Sankhla, Aged About 31 Years, At Present Working At Govt. Amrit Kaur Hospital, Beawar, Ajmer.

98. Atul Singh Tomer S/o Prabal Pratap Singh Tomar, Aged About 30 Years, At Present Working At Govt. General Hospital, Nashirabad, Ajmer.

99. Devendra Singh S/o Shambhu Singh Singh Gehlot, Aged About 32 Years, At Present Working At Govt. Amrit Kaur Hospital, Beawar, Ajmer.

100. Nand Kishore Sen S/o Durga Prasad Sen, Aged About 27 Years, At Present Working At Govt. Amrit Kaur Hospital, Beawar, Ajmer.

101. Manohar Singh S/o Trilok Singh, Aged About 25 Years, At Present Working At Govt. Amrit Kaur Hospital, Beawar, Ajmer.

102. Rahul Jangid S/o Bhag Chand Sharma, Aged About 29 Years, At Present Working At Govt. Amrit Kaur Hospital, Beawar, Ajmer.

103. Mahendra Kumar Jat S/o Gajraj Jat, Aged About 31 Years, At Present Working At Govt. Amrit Kaur Hospital, Beawar, Ajmer.

104. Rekha Kumari W/o Bhagwan Gehlot, Aged About 33 Years, At Present Working At Govt. Amrit Kaur Hospital, Beawar, Ajmer.

105. Arjun Singh Rathore S/o Anand Singh Rathore, Aged About 28 Years, At Present Working At Govt. Amrit Kaur Hospital, Beawar, Ajmer.

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106. Sajid S/o Rajak Khan, Aged About 36 Years, At Present Working At Mgm Govt. Dh Hospital, Hanumangarh.

107. Jaipal S/o Gurjant Singh, Aged About 36 Years, At Present Working At Mgm Govt. Dh Hospital, Hanumangarh.

108. Amir Khan S/o Mahbook Alam, Aged About 35 Years, At Present Working At Mgm Govt. Dh Hospital, Hanumangarh.

109. Pawan Sharma S/o Bhanwar Lal Sharma, Aged About 34 Years, At Present Working At Mgm Govt. Dh Hospital, Hanumangarh.

110. Rajiv Sharma S/o Om Prakash, Aged About 36 Years, At Present Working At Mgm Govt. Dh Hospital, Hanumangarh.

111. Narendra Nagar S/o Shri Ramcharan Nagar, Aged About 35 Years, At Present Working At Phc Pali, Block Chhabra District Baran.

112. Harish Sharma S/o Shri Omprakash Sharma, Aged About 36 Years, At Present Working At Phc Kotari, Block Chhabra, District Baran.

113. Golu Gadri S/o Shri Sukhpal Gadri, Aged About 24 Years, At Present Working At Phc Faliya, Block Chhabra, District Baran.

114. Paras Ram Gadri S/o Shri Sukh Lal, Aged About 30 Years, At Present Working At Phc Motipura Chowki, Block Chhabra, District Baran.

115. Lalit Kumar Gadri S/o Shri Sukhpal Gadri, Aged About 27 Years, At Present Working At Phc Jaipla, Block Chhabra, District Baran.

116. Jitendra Kumar S/o Saka Ram Prajapat, Aged About 33 Years, At Present Working At Chc Ahore, District Jalore.

117. Sandeep Kumar S/o Sahab Ram, Aged About 34 Years, At Present Working At Mgm Govt. District Hospital, Hanumangarh.

118. Parbhoor Singh S/o Labh Singh, Aged About 33 Years, At Present Working At Mgm Govt. Hospital, Hanumangarh.

119. Pawan Kumar Sharma S/o Ravi Kant Sharma, Aged About 39 Years, At Present Working At Mgm Govt. District Hospital, Hanumangarh.

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----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, Nation Health Commission, Jaipur.

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

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

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

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

10. Rajasthan Medical Services Corporation Ltd. (Rmsc), Through Its Managing Director, Department Of Medical And Health, Swasthya Bhawan, Jaipur.

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

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

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

14. Principal Medical Officer, Govt. Amrit Kaur Hospital, Beawar.

15. Principal Medical Officer, Govt. General Hospital, Nasirabad.

16. Principal Medical Officer, Bangar Hospital, Deedwana.

17. Principal Medical Officer, Jawahar Hospital, Jaisalmer.

18. Incharge, Janana Hospital, Tonk.

19. Joint Director, Medical And Health Department, Bharatpur.

20. Principal Medical Officer, District Hospital, Hindaun City, Karauli.

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21. Principal Medical Officer, Sd Hospital, Nohar, Hanumangarh.

22. Principal Medical Officer, District Hospital Pokhran, District Jaisalmer.

23. Principal Medical Officer, Mjm Hospital, Hanumangarh.

24. Principal Medical Officer, S.k. Hospital District Sikar.

25. Principal Medical Officer, Bali.

26. Principal Medical Officer, Rajsamand.

27. Chief Medical And Health Officer, Rajsamand.

28. Rajasthan Medical Relief Society, Rajsamand, Through Secretary District Rajsamand.

29. Principal Medical Officer, Jalore.

30. Chief Medical And Health Officer, Jalore.

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

32. Principal Medical Officer, Jodhpur.

33. Chief Medical And Health Officer, Jodhpur.

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

35. Principal Medical Officer, Jaisalmer.

36. Chief Medical And Health Officer, Jaisalmer.

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

38. Principal Medical Officer, Bikaner.

39. Chief Medical And Health Officer, Bikaner.

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

41. Principal Medical Officer, Tonk.

42. Chief Medical And Health Officer, Tonk.

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

44. Principal Medical Officer, Karauli.

45. Chief Medical And Health Officer, Karauli.

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

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47. Principal Medical Officer, Churu.

48. Chief Medical And Health Officer, Churu.

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

50. Principal Medical Officer, Hanumangarh.

51. Chief Medical And Health Officer, Hanumangarh.

52. Rajasthan Medical Relief Society, Hanumangarh, Through Secretary, District Hanumangarh.

53. Principal Medical Officer, Sirohi.

54. Chief Medical And Health Officer, Sirohi.

55. Rajasthan Medical Relief Society, Sirohi, Through Secretary, District Sirohi.

56. Principal Medical Officer, Pratapgarh.

57. Chief Medical And Health Officer, Pratapgarh.

58. Rajasthan Medical Relief Society, Pratapgarh, Through Secretary, District Pratapgarh.

59. Principal Medical Officer, Pali.

60. Chief Medical And Health Officer, Pali.

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

62. Principal Medical Officer, Sikar.

63. Chief Medical And Health Officer, Sikar.

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

65. Principal Medical Officer, Nagaur.

66. Chief Medical And Health Officer, Nagaur.

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

68. Principal Medical Officer, Ajmer.

69. Chief Medical And Health Officer, Ajmer.

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

71. Principal Medical Officer, Baran.

72. Chief Medical And Health Officer, Baran.

73. Rajasthan Medical Relief Society, Baran, Through

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Secretary, District Baran.

----Respondents

For Petitioner(s) : Mr. Shree Kant Verma

JUSTICE DINESH MEHTA

Order

26/09/2023

1. Heard learned counsel for the petitioners.

2. 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 the post of Swasthya Margdarshak/Counsellor 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 petitioner at par to the other employees who have been extended the benefits under the Rules of 2022."

3. 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

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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.

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

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petitioner(s), he/she/they will be free to take legal remedies in accordance with law.

17. Stay petitions also stand disposed of."

4. Learned counsel for the petitioners submits that the

petitioners may be permitted to file a representation to the

respondents afresh for redressal of their grievances in light of the

judgment rendered by this Court in the case of Hitesh Kumar

(supra).

5. 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.

6. 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.