Rajasthan High Court - Jodhpur

Subhash Khileri vs The State Of Rajasthan ... on 1 August, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:31799]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Civil Writ Petition No. 12113/2024

1.       Purushotam Togsiya S/o Shri Shyam Sundar Togshiya,
         Aged About 32 Years, R/o Village Chindkawadi Nagaur,
         District Nagaur-341001 (Rajasthan) Post Lab Technician,
         Phc Chawandiya, Khinwsar, Nagaur (Raj.)
2.       Nema Ram S/o Shri Madam Ram, Aged About 43 Years,
         R/o Utarisetra Dhandhariya Khurd, Nagaur, Gajju, District
         Nagaur      (Raj.)     Post      Lab      Technician,      Phc   Ashwari
         (Mundwa), Nagaur.
3.       Suresh Kumar Prajapat S/o Shri Nemi Chand, Aged About
         45 Years, R/o Tilanesh, Kumharo Ka Bas, Post Tilanesh,
         Nagaur, District Nagaur, (Rajasthan) Post Lab Technician,
         Phc Lampolai, Block Riyanbari, Nagaur.
4.       Ghanshyam Vyas S/o Shri Damodar Lal Vyas, Aged About
         29 Years, R/o Village Mertacity, Phc Alniyawas, Block
         Bharunda, District Nagaur- 341510 (Rajasthan) Post Lab
         Technician, Nagaur.
5.       Prateek Pareek S/o Shri Purooshotam Pareek, Aged About
         28 Years, R/o Village Alniyawas, Tehsil Riyanbari, Phc
         Padukalan,     Block      Riyan       Bari,     District   Nagur-341513
         (Rajasthan) Post Lab Technician, Nagaur.
6.       Vipendra Ramawat S/o Shri Kalu Ramawat, Aged About
         37 Years, R/o Ward No. 11, Tankipura, Degana Jn, Goredi
         Chacha, Nagaur, District Nagaur, (Rajasthan) Post Lab
         Technician, Phc Bherunda, Nagaur.
7.       Laxman Das S/o Shri Sunda Das, Aged About 37 Years,
         R/o Sado Ka Dhada, Merta Road, Nagaur District Nagaur
         (Rajasthan) Post Lab Technician, Posting Phc Mokalpur,
         Block Merta City, Nagaur.
8.       Loonkaran Dadhich S/o Shri Rameshwar Prasad Dadhich,
         Aged About 43 Years, R/o Sunaro Ka Mohalla, Goredi
         Chacha, Degana, Nagaur, District Nagaur (Rajasthan) Post
         Lab Technician, Posting Chc Ren, Block Merta City,
         Nagaur.
9.       Rakesh Kumar Vishnoi S/o Shri Puna Ram Vishnoi, Aged
         About 37 Years, R/o Band Ki Dhani, Village Surya Nagar,
         Post Rajod Rain Nagaur, District Nagaur (Rajasthan) Post
         Lab Technician, Posting Phc Nokha Chanwata, Block Merta


                       (Downloaded on 02/08/2024 at 10:02:21 PM)
 [2024:RJ-JD:31799]                     (2 of 6)                            [CW-12113/2024]


         City, Nagaur.
10.      Harendra Mirdha S/o Shri Ganesh Ram Mirdha, Aged
         About 34 Years, R/o 46, Raro Ka Bas, Ward No. 4,
         Arsinga, Nagaur, District Nagaur (Rajasthan) Post Lab
         Technician,     Posting      Phc      Nimbi      Jodha,       Block     Ladnu,
         Nagaur.
11.      Parvej Khan S/o Shri Ajij Khan, Aged About 32 Years, R/o
         Village Deedwana, Phc Thakariyawas, Block Deedwana,
         Deedwana, Kuchaman City, Post Lab Technician, District
         Nagaur-341303 (Rajasthan)
12.      Harish Loyal S/o Shri Jimna Ram, Aged About 34 Years,
         R/o Ward No. 1, Village Arwar, Post Arwar, Nagaur District
         Nagaur (Rajasthan) Post Lab Technician, Posting Phc
         Borwa, Block Arwar, Nagaur.
13.      Jaikishan Bidiyasar S/o Shri Ram Narayan Bidiyasar, Aged
         About 37 Years, R/o Village Khinyala, Nagaur, District
         Nagaur (Rajasthan) Post Lab Technician, Posting Chc Deh,
         Block Jayal, Nagaur.
14.      Pappu Saran S/o Shri Likhama Ram, Aged About 32
         Years, R/o Village Gadriya, Tehsil Jayal Gadriya, Nagaur,
         District Nagaur (Rajasthan) Post Lab Technician, Posting
         Phc Jalniyasar, Block Jayal, Nagaur.
15.      Manish Kumar S/o Shri Om Prakash, Aged About 35
         Years, R/o Ward No. 05, Lora Ka Bas, Tehsil Nawan, Lora
         Ka Bas, Nalot, Nagaur-341519 (Rajasthan) Post Lab
         Technician,     Posting        Phc       Hudeel,          Block    Kuchaman,
         Deedwana Kuchaman District Nagaur (Rajasthan).
16.      Rajendra Singh Rajpurohit S/o Shri Banshi Singh, Aged
         About 49 Years, R/o Lunkaran, Rajpurohito Ka Bas, Basni
         Lunkaran,     Nagaur        (Rajasthan)          Post       Lab    Technician,
         Posted At Chc Riyan Bari, Nagaur.
17.      Bhagwan Ram S/o Shri Ramdev, Aged About 45 Years,
         R/o    Subhash       Nagar,      Chhajoli,        Jael,      Nagaur-341023
         (Rajasthan) Post Lab Technician, Posting Phc Unchaida,
         Block Jayal, Nagaur.
18.      Balram Ram S/o Shri Bhanwar Lal, Aged About 41 Years,
         R/o Village Khurada, Nagaur-341503 (Rajasthan) Post
         Lab Technician, Posting Phc Khurada, Block Parbatsar,
         Deedwana District Nagaur (Rajasthan).


                       (Downloaded on 02/08/2024 at 10:02:21 PM)
 [2024:RJ-JD:31799]                      (3 of 6)                            [CW-12113/2024]


19.      Harendra Sinwar S/o Shri Ramdev Sinwar, Aged About 31
         Years, R/o Village Bhanwad, District Nagaur-341021
         (Rajasthan) Post Lab Technician, Posting Chc Tarnau,
         Block Jayal, Cmho Office Nagaur (Rajasthan)
                                                                        ----Petitioners
                                       Versus
1.       The State Of Rajasthan, Through The Secretary Medical
         And    Health      Department,            Government          Of     Rajasthan,
         Jaipur.
2.       Director, Medical And Health Services, Government Of
         Rajasthan, Jaipur.
3.       The Chief Medical And Health Officer, Nagaur Distt.
         Nagaur (Raj.).
                                                                      ----Respondents
                               Connected With
               S.B. Civil Writ Petition No. 12200/2024
Subhash Khileri S/o Shri Mohan Lal Khileri, Aged About 24 Years,
Resident Of Village Ganeshpura, Post Losal Chhoti, Tehsil Dhod,
District Sikar (Raj.).
                                                                         ----Petitioner
                                       Versus
1.       The    State     Of     Rajasthan,         Through          Additional     Chief
         Secretary, Department Of Medical, Health And Family
         Welfare, Government Of Rajasthan, Secretariat, Jaipur
         (Raj.).
2.       The     Director      (Non-Gazetted),             Medical       And      Health
         Services, Government Of Rajasthan, Swasthaya Bhawan,
         Jaipur (Raj.).
3.       The Chief Medical And Health Officer, District Didwana-
         Kuchaman, Didwana (Raj.).
4.       The    Block     Chief      Medical        Officer,        Didwana,      District
         Didwana-Kuchaman (Raj.).
5.       The Medical Officer Incharge, Primary Health Centre,
         Mawa, Block-Didwana, District Didwana-Kuchaman (Raj.).
                                                                      ----Respondents




                        (Downloaded on 02/08/2024 at 10:02:21 PM)
 [2024:RJ-JD:31799]                        (4 of 6)                          [CW-12113/2024]



For Petitioner(s)              :     Mr. S.S. Singodiya (through VC)
                                     Mr. Deepak Nehra
For Respondent(s)              :     Mr. Mukesh Dave, AGC



           HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

01/08/2024

1. Heard.

2. Learned counsel for the petitioners submit that the

controversy involved in the present case is squarely covered by a

judgment rendered by this court in S.B. Civil Writ Petition

No.12243/2024 (Shruti Moyal & Ors. V/s State of

Rajasthan & Ors.) decided on 30.07.2024 in the following

terms:-

"1. Heard learned counsel for the petitioners.

2. The present writ petition has been filed with the following prayers:-

"A. the action of the respondents while terminating the services of the petitioners from the post of Assistant Radiographer, Lab Technician and Assistant lab Technician on the ground of availability of regularly selected Lab Technicians despite the fact that posts are still lying vacant, may kindly be declared per se illegal, arbitrary and contrary to the provisions of Constitution of India.

B. The impugned orders dated 12.07.2014 (Annexure-

7) may kindly be quashed and set aside.

C. The impugned termination order of petitioner No.1 dated 10.07.2024 (Annexure-8) and order dated 10.07.2024 (Annexure-9) by which services of petitioners No.1 have been terminated and all orders issued by the respondents in the intervening period, terminating the services of the petitioners, may kindly be ordered to be quashed and set aside.

[2024:RJ-JD:31799] (5 of 6) [CW-12113/2024]

D. the respondents may kindly be directed to reinstate the services of the petitioners and they be permitted to continue their services on their respective post. E. The respondents may kindly be directed not to replace the petitioners till the agreement of the petitioners come to an end.

F. That the respondents may be restrained from dis- continuing services of the petitioners and/or the present place of posting of the petitioners may not changed."

3. Learned counsel for the petitioners submits that the petitioners were appointed on the urgent temporary basis for a period of 3 months or till the regularly selected employees are available with the respondent-Department, whichever is earlier. Learned counsel submits that the regularly selected employees are available with the respondent-Department, thus, the services of the petitioners have been dispensed with vide order dated 10.07.2024.

4. Learned counsel further submits that after the regularly selected persons having joined in the respondent-Department, still there are number of vacancies available with the respondent-Department for the post of Lab Technician and Assistant Radiographers. He, therefore, prays that the respondents may be directed that in case, there are vacancies available in the Department and they are in need of services of the petitioners, the petitioners' services can be adjusted in the nearby areas of District Pali/Beawar.

5. Considering the limited prayer of the petitioner, the writ petition is disposed of with a direction to the respondent No.7- Chief Medical and Health Officer, Beawar & respondent No.8- Chief Medical and Health Officer, Pali to ascertain the number of vacancies available with them in their jurisdiction and if they desire to take the services of the petitioners on the post available, the petitioners may be adjusted or accommodated to serve on those posts till the regularly selected candidates are available with the respondent-Department.

6. It is made clear that if any of the petitioner is not discharging his duties satisfactorily, the respondents will be free to discharge him from the employment.

[2024:RJ-JD:31799] (6 of 6) [CW-12113/2024]

7. Stay petition as well as other pending applications, if any, shall also stand disposed of".

3. Learned counsel, therefore, pray that the present writ

petitions may also be disposed of in the same terms.

4. In view of the judgment rendered by this court in the case of

Shruti Moyal & Ors. (supra), the present writ petitions are also

disposed of with a direction to the concerned Chief Medical &

Health Officers of the concerned District to ascertain the number

of vacancies available with them in their jurisdiction and if they

desire to take the services of the petitioners on the post available,

the petitioners may be adjusted or accommodated to serve on

those posts till the regularly selected candidates are available with