Rajasthan High Court - Jodhpur
Pradeep Kumar vs State Of Rajasthan (2024:Rj-Jd:39135) on 20 September, 2024
[2024:RJ-JD:39135]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5964/2023
Dr. Pradeep Kumar S/o Shri Bheekha Ram, Aged About 34 Years,
R/o Hukmoni Khotho Ki Dhani, Village/Post Malpura, Tehsil
Gudamalani, District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Medical,
Health And Family Welfare Services, Government Of
Rajasthan, Secretariat, Jaipur.
2. The Joint Secretary, Medical And Health (Group-2)
Department, Secretariat, Jaipur.
3. The Director (Public Health), Medical And Health Services,
Health Bhawan, Jaipur.
4. The District Collector, Barmer.
5. The Chief Medical And Health Officer, Barmer.
6. The Block Chief Medical Officer, Chouhtan, District
Barmer.
----Respondents
For Petitioner(s) : Mr. Yash Pal Khileree
For Respondent(s) : Mr. Tanuj Jain for Mr. Mukesh Dave,
AGC
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
20/09/2024
1. Mr. Yash Pal Khileree, learned counsel appearing for the
petitioner submitted that the similar matter has been disposed of
by a coordinate Bench of this Court vide order dated 14.08.2024,
passed in the case of Dr. Mahendra Singh Deora Vs. State of Raj.
& Ors. : S.B. Civil Writ Petition No.5164/2023 and the present
[2024:RJ-JD:39135] (2 of 4) [CW-5964/2023]
matter is squarely covered by the case of Dr. Mahendra Singh
Deora (supra).
2. The aforesaid fact is not disputed by the learned counsel
appearing for the respondents.
3. The order dated 14.08.2024, passed in Dr. Mahendra Singh
Deora reads thus:-
"1. Heard learned counsel for the parties.
2. Learned counsel for the petitioner submit that
the controversy involved in the present writ petition
is squarely covered by a judgment dated 30.07.2024
rendered by this Court in S.B. Civil Writ Petition
No.12243/2024 (Shruti Moyal & Ors. V/s State of
Rajasthan & Ors.), wherein, this Court has held as
under:-
"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.
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.
[2024:RJ-JD:39135] (3 of 4) [CW-5964/2023]
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.
7. Stay petition as well as other pending
applications, if any, shall also stand disposed of".
[2024:RJ-JD:39135] (4 of 4) [CW-5964/2023]
3. Learned counsel for the petitioner submit that
the engagement of the petitioner may be continued
with the respondent-Department till the regularly
selected candidates are made available or till the need
of the department is fulfilled by the petitioner in the
concerned District.
4. Mr. N.S. Rajpurohit, learned Additional Advocate
General submits that the respondents shall consider
the continuance of the petitioner in the respondent-
Department and if his services are required, she shall
be continued on the same terms and condition son
which she was engaged.
5. In view of the submissions made before this Court,
the present writ petition is disposed of with a direction
to the respondents to continue the engagement of the
petitioner on the same terms and conditions of his
appointment till he is required/needed by the
respondent-Department.
6. It is made clear that the respondents will be free
to disengage the petitioner, if regularly selected
candidates are made available or the petitioner incurs
any disability by involving into some misconduct, etc.
or the Department does not require the services of the
petitioner any more.
7. It is also made clear that in case, the
department is desirous of getting the services of
persons like petitioner, the petitioner, who is working
on the urgent temporary basis shall not be replaced
by another set of urgent temporary basis persons."
4. Learned counsel for the respondents submitted that the
petitioner was again reengaged on the vacant regular post vide
order dated 17.05.2023, in pursuance of the interim order dated
05.05.2023 granted by this Court and he is continuing the service.
5. In view of the similar facts and circumstances, the present
writ petition is also disposed of in the same terms of the case of
Dr. Mahendra Singh Deora (supra).
(MUNNURI LAXMAN),J
338-Ramesh/-
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