Rajasthan High Court - Jodhpur
Ravi Kuntal vs State Of Rajasthan (2024:Rj-Jd:36243) on 2 September, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:36243] (1 of 4) [CW-14220/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14220/2024
1. Ravi Kuntal S/o Ganga Ram, Aged About 27 Years, R/o
Dahara, Bharatpur, Rajasthan.
2. Mohit Sharma S/o Tarachand Sharma, Aged About 30
Years, R/o Gurjar Mohala, Ramgarh, Alwar, Rajasthan.
3. Hariom S/o Jay Singh, Aged About 29 Years, R/o Svravta,
Penghore, Bharatpur, Rajasthan.
4. Ravi S/o Bhoop Singh, Aged About 25 Years, R/o Resti,
Alwar, Rajasthan.
5. Lokesh Kumar S/o Kishan Gopal, Aged About 30 Years,
R/o Vpo Astawan, Tehsil Kumher, District Bharatpur,
Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Medical And Health Department, Secretariat, Jaipur.
2. The Director (Non-Gazette), Medical And Health Services,
Rajasthan, Jaipur.
3. The Director (Public Health), Medical And Health Services,
Rajasthan, Jaipur.
4. The Chief Medical And Health Officer, Alwar.
----Respondents
For Petitioner(s) : Mr. S. S. Choudhary
Mr. Hansraj Nimbar
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
02/09/2024
1. Heard learned counsel for the petitioners.
2. The present writ petition has been filed with the following
prayers:-
"I. By an appropriate writ, order or direction, the
respondent be directed to regularize the services of the
petitioners considering long service by including them
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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 GNM 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)."
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 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
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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."
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 petitioner 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
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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.
(VINIT KUMAR MATHUR),J
45-SunilS/-
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