Rajasthan High Court - Jodhpur
Mukesh Tak vs State Of Rajasthan (2024:Rj-Jd:36766) on 4 September, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:36766]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14526/2024
1. Mukesh Tak S/o Roop Chand Marothiya, Aged About 39
Years, R/o Chawandi, Pushkar, District Ajmer, Rajasthan.
2. Shurveer Singh Rana S/o Pushpendra Singh Rana, Aged
About 37 Years, R/o 190, Shree Sharan, Chikalwas,
Loyra, Udaipur, Rajasthan.
3. Bhagwan Singh Takhar S/o Umrao Singh Takhar, Aged
About 36 Years, R/o Sardarpura, Babai, District
Jhunjhunu, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary
Medical And Health Department, Secretariat, Jaipur.
2. The Director (Gazette), Medical And Health Services,
Rajasthan, Jaipur.
3. The Director (Public Health), Medical And Health Services,
Rajasthan, Jaipur.
4. The Director/Project Director, Rajasthan State AIDS
Control Society, Jaipur.
5. The Mission Director, National Health Mission, Directorate
Of Medical Health And Family Welfare Department, Nhm
Headquarter, Swasthya Bhawan, Tilak Marg, C-Scheme,
Jaipur.
----Respondents
For Petitioner(s) : Mr. Hans Raj Nimbar
Mr. Surendra Singh Choudhary
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
04/09/2024
1. Heard learned counsel for the petitioners.
2. The present writ petition has been filed with following
prayers:-
[2024:RJ-JD:36766] (2 of 4) [CW-14526/2024]
"i) By an appropriate writ, order or direction, the
respondent be directed to regularize the services of
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 District M & E
Assistant 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 benefits as given in the case of Rajesh Saini
& Ors. vs. State of Rajasthan & Ors. SBCWP
No.2150/2023 decided on 18.08.2023 (Annex.6) by this
Hon'ble Court."
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
[2024:RJ-JD:36766] (3 of 4) [CW-14526/2024]
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."
4. Learned counsel for the petitioners submits that they 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).
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
[2024:RJ-JD:36766] (4 of 4) [CW-14526/2024]
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
82-/Arun P/-
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