Rajasthan High Court - Jodhpur
Tilakraj Sharma vs State Of Rajasthan (2024:Rj-Jd:10619) on 4 March, 2024
[2024:RJ-JD:10619]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2438/2024
1. Tilakraj Sharma S/o Shri Dulichand, Aged About 30 Years,
At Present Working At Govt. District Hospital Behror
District Kotputli-Behror.
2. Ankit Sharma S/o Shri Satish Kumar Sharma, Aged About
27 Years, At Present Working At Govt. District Hospital
Behror District Kotputli-Behror.
3. Afsana W/o Mohammed Rasid, Aged About 26 Years, At
Present Working At Phc, Chainpura Chhota, Tehsil
Rajgarh, District Churu.
4. Sonam W/o Sumer, Aged About 31 Years, At Present
Working At Phc, Chandgothi, Tehsil Rajgarh, District
Churu.
5. Yash Pal Singh S/o Bhawani Singh, Aged About 30 Years,
At Present Working At Chc, Nadol, Block Desuri, District
Pali.
6. Arvind Kumar S/o Chunni Lal, Aged About 29 Years, At
Present Working At Chc, Nadol, Block Desuri, District Pali.
7. Govind Ram S/o Ashok Kumar, Aged About 26 Years, At
Present Working At Chc, Nadol, Block Desuri, District Pali.
8. Jaypal Singh S/o Shankar Singh, Aged About 35 Years,
Present Working At Phc, Banta Raghunathgarh, Pali.
9. Hemant Kumar S/o Tulsi Ram, Aged About 32 Years, At
Present Working At Chc Rani, Block Rani, District Pali.
10. Laxman Singh Gaur S/o Satyanarayan Gaur, Aged About
49 Years, At Present Working A Sub District Hospital Vijay
Nagar, Beawar, Rajasthan.
11. Ashwini Sharma S/o Krishan Murari Sharma, Aged About
31 Years, At Present Working At Shahid Rajmal Meena
Govt. District Hospital, Pmo Baran.
12. Bhagwati Prasad S/o Kanhaiya Lal Chobdar, Aged About
44 Years, At Present Working At Chc, Indragarh, District
Bundi, Rajasthan.
13. Mukesh Kumar Dhakar S/o Yograj Dhakar, Aged About 30
Years, At Present Working At Chc, Badi Sadri, District
Chittorgarh.
14. Sunil S/o Kishana Ram Regar, Aged About 22 Years, At
Present Working At Phc Bhumbliya, Teh. Jaitaran, District
Beawar.
15. Ramkishor S/o Nihal Ram, Aged About 26 Years, At
Present Working At Phc Digarana, Tehsil Jaitaran, District
Beawar.
16. Raju Ram Dewasi S/o Sawant Ram Dewasi, Aged About
20 Years, At Present Working At Phc Kurki, Tehsil Jaitaran
District Beawar.
17. Mohad. Mursid S/o Mohd. Ishtiyak, Aged About 25 Years,
At Present Working At M.d.m. Hospital, Jodhpur.
18. Taran Kumar S/o Jagdish, Aged About 36 Years, At
Present Working At Chc, Ratan Nagar, District Churu.
19. Parth Pathak S/o Jagdish Pathak, Aged About 31 Years, At
Present Working At Chc Ghatol, District Banswara.
20. Kushal Singh S/o Bheru Singh Rathore, Aged About 30
Years, At Present Working At Chc Ghatol, District
Banswara.
21. Kunal Trivedi S/o Vijay Kumar Trivedi, Aged About 29
Years, At Present Working At Phc Chidiyawasa, District
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Banswara.
22. Sumit Trivedi S/o Mukesh Trivedi, Aged About 31 Years,
At Present Working At Phc Gamdi, District Banswara.
23. Vaibhav Shah S/o Navin Shah, Aged About 29 Years, At
Present Working At Chc Bhagidora, District Banswara.
24. Shamsher Khan Pathan S/o Sohrab Khan, Aged About 31
Years, At Present Working At Phc Senawasa, District
Banswara.
25. Manish Kumar S/o Shanti Lal Shukla, Aged About 30
Years, At Present Working At Phc Bhimpur, District
Banswara.
26. Dharmendra Kumar Kalal S/o Dileep Kumar, Aged About
29 Years, At Present Working At Chc Sajjangarh, District
Banswara.
27. Nilesh Bharpoda S/o Bahadur Singh Bharpoda, Aged
About 31 Years, At Present Working At Chc Chhota
Dungra, District Banswara.
28. Anil Kumar S/o Nathu Singh, Aged About 28 Years, At
Present Working At Phc Lohariya, District Banswara.
29. Dileep Kumar S/o Nathji, Aged About 31 Years, At Present
Working At Phc Chinch, District Banswara.
30. Suresh Jani S/o Purshottam Jani, Aged About 29 Years, At
Present Working At Phc Khodan, District Banswara.
31. Subhash Chandra Maida S/o Govind Maida, Aged About
30 Years, At Present Working At Chch Mokampura,
District Banswara.
32. Parmod Panwar S/o Ranjeet Panwar, Aged About 31
Years, At Present Working At Chc Narwali, District
Banswara.
33. Vinod Kumar Bunkar S/o Devang Bunkar, Aged About 30
Years, At Present Working At Phc Dungariya, District
Banswara.
34. Nijamdeen S/o Hurmat Khan, Aged About 40 Years, At
Present Working At Govt. Hospital Tijara, District
Khairthal-Tijara.
35. Mahaveer Prasad Sharma S/o Onkarmal, Aged About 48
Years, At Present Working At Chc, Sandwa,n Block
Bidasar, District Churu.
----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 (Budget) 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, Mndy, Medical And Health Services,
Government Of Rajasthan, Jaipur.
8. Nodal Officer, Mnjy, Medical And Health Services,
Government Of Rajasthan, Jaipur.
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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.
12. Principal Medical Officer, Jodhpur.
13. Chief Medical And Health Officer, Jodhpur.
14. Rajasthan Medical Relief Society, Jodhpur, Through
Secretary, District Jodhpur.
15. Principal, M.d.m. Hospital, Jodhpur.
16. Superintendent, M.d.m. Hospital, Jodhpur.
17. Principal Medical Officer, Pali.
18. Chief Medical And Health Officer, Pali.
19. Rajasthan Medical Relief Society, Pali, Through Secretary,
District Pali.
20. Principal Medical Officer, Beawar.
21. Chief Medical And Health Officer, Beawar.
22. Rajasthan Medical Relief Society, Beawar, Through
Secretary, District Beawar.
23. Principal Medical Officer, Churu.
24. Chief Medical And Health Officer, Churu.
25. Rajasthan Medical Relief Society, Churu, Through
Secretary, District Churu.
26. Principal Medical Officer, Kotputli-Behror.
27. Chief Medical And Health Officer, Kotputli-Behror.
28. Rajasthan Medical Relief Society, Kotputli-Behror, Through
Secretary, District Kotputli-Behror.
29. Principal Medical Officer, Baran.
30. Chief Medical And Health Officer, Baran.
31. Rajasthan Medical Relief Society, Baran, Through
Secretary, District Baran.
32. Principal Medical Officer, Bundi.
33. Chief Medical And Health Officer, Bundi.
34. Rajasthan Medical Relief Society, Bundi, Through
Secretary, District Bundi.
35. Principal Medical Officer, Chittorgarh.
36. Chief Medical And Health Officer, Chittorgarh.
37. Rajasthan Medical Relief Society, Chittorgarh, Through
Secretary, District Chittorgarh.
38. Principal Medical Officer, Banswara.
39. Chief Medical And Health Officer, Banswara.
40. Rajasthan Medical Relief Society, Banswara, Through
Secretary, District Banswara.
41. Principal Medical Officer, Khairthal-Tijara.
42. Chief Medical And Health Officer, Khairthal-Tijara.
43. Rajasthan Medical Relief Society, Khairthal-Tijara,
Through Secretary, District Khairthal-Tijara.
----Respondents
For Petitioner(s) : Mr. Pritam Joshi.
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[2024:RJ-JD:10619] (4 of 5) [CW-2438/2024]
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN MONGA
Order
04/03/2024
1. Grievance of the petitioners herein is that they have been
working on contractual basis as Helpers/ Computer Operators/
Pharmacists etc. and have rendered different duration of services
as per the details more particularly provided in the petition herein
which are not been adverted, being not relevant for the purpose of
dispensing of the present writ petition.
2. It is settled principle of service jurisprudence that one set of
contractual employees ought not to be replaced by another set of
contractual employees, unless of course either there is any
contemplation of regular appointment on the post in question or
the work of the employee is found to be unsatisfactory.
3. In the present case, the petitioners contend that
notwithstanding the aforesaid proposition of law, the respondents
are contemplating to replace the petitioners by engaging a fresh
set of contractual employees in there place.
4. They submit that being fearful of the same, some petitioners
already approached the Competent Authority by filing
representations but the same have not been looked into.
5. At this stage, learned counsel for the petitioners submits that
petitioners be given liberty to file fresh representation to the
Competent Authority.
6. Learned counsel for the petitioner also relies on judgment
rendered in S.B CWP No. 18222/2023 and S.B CWP No.
[2024:RJ-JD:10619] (5 of 5) [CW-2438/2024]
17888/2023 and stated that the petitioners case is squarely
covered by the same.
7. In the light of the aforesaid observations made by this Court,
instead of adjudicating the controversy afresh in the present
petition, the Competent Authority be directed to take decision on
the fresh representation to be so filed by the petitioners.
8. Accordingly, the petitioners shall file a fresh representation
as submitted by the learned counsel. The Competent Authority
shall look into the same in accordance with law, preferably within
a period of two months from the date of receipt thereof.
9. Until an administrative decision is taken, either way, on the
already pending representations/ or the fresh one to be filed, the
services of the petitioners shall not be dispensed with by
substituting them with another set of contractual employees,
unless, of course, the department wishes to proceed for taking
steps for regular appointment on the posts in question.
10. Disposed of accordingly.
11. Needless to say that the Competent Authority shall decide the
representation based on individual merits of each candidate and
shall be free to examine the veracity of the submissions made
there in and only if the same are found to be correct any favorable
order would be passed.
(ARUN MONGA),J
34-/Jitender/AnilKC
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