Rajasthan High Court - Jodhpur

Sahil Mohammad vs The State Of Rajasthan ... on 18 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:38533]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 15091/2024

1.       Sahil Mohammad S/o Mumtaj Mohammad, Aged About 24
         Years, At Present Working At Phc Sameecha, Block
         Kelwara, District Rajsamand (Raj.). (Date Of Joining-
         05.10.2023)
2.       Kusum Bariya W/o Mukesh Kumar Bariya, Aged About 30
         Years, At Present Working At Phc Gajpur, Block
         Rajsamand, District Rajsamand (Raj.) (Date Of Joining -
         05.10.2023)
3.       Suresh Kumar S/o Gopal Lal Saragra, Aged About 25
         Years, At Present Working At Phc Odda, Block
         Kumbhalgarh, District Rajsamand (Raj.). (Date Of Joining
         - 29.07.2022).
4.       Kailash Chandra Salvi S/o Rupa Ram, Aged About 30
         Years, At Present Working At Phc Kunwanthal, Block
         Deogarh, District Rajsamand (Raj.). (Date Of Joining-
         07.10.2023)
5.       Parkash Singh S/o Bhagwan Singh, Aged About 25 Years,
         At Present Working At Phc Barakhan, Block Jawaja,
         District Beawar (Raj.). (Date Of Joining- 19-09-2022)
6.       Hemant Yadav S/o Rajmal Yadav, Aged About 30 Years, At
         Present Working At Chc Kothariya, Block Khamnor, District
         Rajsamand (Raj.). (Date Of Joining- 11-05-2021).
7.       Manju Dadheech D/o Ganesh Shankar Dadheech, Aged
         About 46 Years, At Present Working At Chc Salor, Block
         Khamnor, District Rajsamand (Raj.). (Date Of Joining 20-
         04-2016)
8.       Suresh Chandra Jat S/o Sohan Lal Jat, Aged About 22
         Years, At Present Working At Chc Banediya, Block
         Relmagra, District Rajsamand (Raj.) (Date Of Joining- 01-
         07-2023)
9.       Rekha Chouhan S/o Nathu Singh Chouhan, Aged About
         28 Years, At Present Working At Phc Lasani, Block
         Deogarh, District Rajsamand (Raj.) (Date Of Joining
         28.07-2022)
10.      Madan Lal Rebari S/o Pabu Lal, Aged About 30 Years, At
         Present Working At Phc Sardargarh, Block Amet, District
         Rajsamand (Raj.) (Date Of Joining- 11.05.2021)
11.      Chandra Prakash S/o Bhagu Ram, Aged About 24 Years,
         At Present Working At Chc Charbhuja, Block Kelwara,
         District Rajsamand (Raj.) (Date Of Joining - 29.07.2022)
12.      Mohan Singh Gurjar S/o Chatar Singh Gurjar, Aged About

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         24 Years, At Present Working At Chc Kelwara, Block
         Kelwara- Kumbhalgarh, District Rajsamand (Raj.) (Date
         Of Joining - 29.07.2022)
13.      Gajendra Singh S/o Mohan Singh, Aged About 26 Years,
         At Present Working At Phc Diwer Block Bhim, District
         Rajsamand (Raj.) (Date Of Joining- 05.10.2022)
                                                                     ----Petitioners
                                    Versus
1.       The State Of Rajasthan, Through Its Principal Secretary,
         Department Of Medical And Health Services, Secretariat,
         Jaipur (Raj.).
2.       The Director (Non-Gazetted), Medical, Health And Family
         Welfare Department, Swasthya Bhawan, Tilak Marg,
         Jaipur (Raj.).
3.       The Director (Non-Gazetted), Medical Health And Family
         Welfare Department, Swasthya Bhawan, Tilak Marg,
         Jaipur (Raj.).
4.       The Joint Director, Medical And Health Services, Udaipur
         Zone, Udaipur.
5.       Nodal Officer, Mnjy, Medical And                        Health     Services,
         Government Of Rajasthan, Jaipur.
6.       Rajasthan Medical Services Corporation Limited (Rmsc),
         Department Of Medical And Health Services, Swasthya
         Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its
         Managing Director.
7.       The Chief Medical And Health Officer, Rajsamand.
8.       The Chief Medical And Health Officer, Beawar.
9.       The Principal Medical Officer, Rajsamand.
10.      The Principal Medical Officer, Beawar.
11.      The Block Chief           Medical       Officer,        Kelwara,    District
         Rajsamand.
12.      The Block Chief Medical Officer, Kumbhalgarh, District
         Rajsamand.
13.      The Block Chief          Medical        Officer,        Deogarh,    District
         Rajsamand.
14.      The Block Chief Medical Officer, Jajwa, District Bewar.
15.      The Block Chief Medical Officer, Amet, District Rajsamand.
16.      The Block Chief          Medical       Officer,         Khamnor,    District
         Rajsamand.
17.      The Block Chief Medical Officer, Bhim, District Rajsamand.
18.      The Block Chief         Medical        Officer,     Relmagra,       District
         Rajsamand.

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                                                                      ----Respondents


For Petitioner(s)              :     Mr. Shree Kant Verma.
For Respondent(s)              :     Mr. Narendra Singh Rajpurohit, AAG
                                     assisted by Ms. Anita Rajpurohit.



           HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

18/09/2024

1. Heard learned counsel for the petitioners.

2. Learned counsel for the petitioners submits 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,

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terminating the services of the petitioners, may kindly be ordered to be quashed and set aside.

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.

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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.

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

3. Learned counsel for the petitioners submits that the

petitioners may be permitted to file an appropriate representation

before the respondents in the light of judgment rendered by this

Court in the case of Shruti Moyal (supra) for redressal of their

grievances.

4. In view of the above, the present writ petition is disposed of

in terms that in the event of filing a representation by the

petitioners, the same shall be considered and decided by the

respondents at the earliest preferably within a period of four

weeks from the date of receipt of such representation, keeping in

mind the law laid down by this Court in the case of Shruti Moyal