Sandeep Kumar vs State Of Rajasthan (2024:Rj-Jd:38929)
2024 Latest Caselaw 8248 Raj

Rajasthan High Court - Jodhpur

Sandeep Kumar vs State Of Rajasthan (2024:Rj-Jd:38929) on 20 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:38929]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       AT JODHPUR
                 S.B. Civil Writ Petition No. 5686/2023

1.       Akshay Singh S/o Shri Satyanarayan Singh, Aged About
         27 Years, R/o Adarsh Vidya Mandir School Ke Pass, Ward
         No. 3, Sardarshahar, District Churu, Rajasthan.
2.       Kartik Chaudhary S/o Shri Ashok Kumar Chaudhary, Aged
         About 26 Years, R/o Industrial Area, Behind New Maszid,
         Bhagwanpura, Bikaner, Rajasthan.
                                                                    ----Petitioners
                                     Versus
1.       State Of Rajasthan, Through Its Secretary, Medical,
         Health And Family Welfare Services, Secretariat, Jaipur,
         Rajasthan.
2.       The Director (Public Health), Medical And Health Services,
         Health Bhawan, Jaipur, Rajasthan.
3.       The District Health Committee, Through Its Chairman,
         Churu, Rajasthan.
4.       State Of Rajasthan, Through The District Collector, Churu,
         Rajasthan.
5.       The Chief Medical And Health Officer, Ratangarh, Churu,
         Rajasthan.
6.       The Block Chief Medical Officer, Sardarshahar, Churu,
         Rajasthan.
                                                                  ----Respondents
                               Connected With
                 S.B. Civil Writ Petition No. 5693/2023
1.       Akshay Mathur S/o Shri Avnesh Kumar Mathur, Aged
         About 25 Years, R/o House No. 14/46, Mukta Prasad
         Nagar, Bikaner, Rajasthan.
2.       Ankit Chauhan S/o Shri Banwari Lal Chauhan, Aged About
         27 Years, R/o Amar Bhawan, Near Ganesh Ji Mandir, Phar
         Bazar, Bikaner, Rajasthan.
3.       Sudhansh Khatri S/o Shri C.S. Modi, Aged About 25
         Years, R/o 75A, Sadul Colony, Bikaner, Rajasthan.
4.       Hansraj Bhadu S/o Shri Nathu Ram Bhadu, Aged About
         28 Years, R/o Jatto Ka Mohalla, Near Rastriya Vidhya
         School No. 1, Sarovoday Basti, Bagala Nagar, Bikaner,


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         Rajasthan.
5.       Pushpa Saharan D/o Shri Gopi Ram Fogawat, Aged About
         30    Years,       R/o     153       Harijan       Basti,      Sirsali,   Churu,
         Rajasthan.
6.       Suneel Vishnoi S/o Babu Lal Vishnoi, Aged About 28
         Years, R/o Phulaniyon Ki Dhani, Koja, Barmer, Rajasthan.
7.       Satya Prakash Meena S/o Shri Tejran Meena, Aged About
         28 Years, R/o Kotari, Kotri, Karauli, Rajasthan.
8.       Sonu D/o Shri Nizamuddin, Aged About 30 Years, R/o
         Padaw Gram Beswa, Beswa, Sikar, Rajasthan.
                                                                          ----Petitioners
                                         Versus
1.       State Of Rajasthan, Through Its Secretary, Medical,
         Health And Family Welfare Services, Secretariat, Jaipur,
         Rajasthan.
2.       The Director (Public Health), Medical And Health Services,
         Health Bhawan, Jaipur, Rajasthan.
3.       State       Of   Rajasthan,        Through         The       District   Collector,
         Bikaner, Rajasthan.
4.       State Of Rajasthan, Through The District Collector, Churu,
         Rajasthan.
5.       State       Of   Rajasthan,        Through         The       District   Collector,
         Karauli, Rajasthan.
6.       State       Of   Rajasthan,        Through         The       District   Collector,
         Barmer, Rajasthan.
7.       State       Of   Rajasthan,        Through         The       District   Collector,
         Bikaner, Rajasthan.
8.       The District Health Committee, Through Its Chairman,
         Churu, Rajasthan.
9.       The District Health Committee, Through Its Chairman,
         Karauli, Rajasthan.
10.      The District Health Committee, Through Its Chairman,
         Barmer, Rajasthan.
11.      The Chief Medical And Health Officer, Bikaner, Rajasthan.
12.      The Chief Medical And Health Officer, Churu, Rajasthan.
13.      The Chief Medical And Health Officer, Karauli, Rajasthan.
14.      The Chief Medical And Health Officer, Barmer, Rajasthan.

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15.      The Block Chief Medical Officer, Bikaner, Rajasthan.
16.      The Block Chief Medical Officer, Khajuwala, Bikaner,
         Rajasthan.
17.      The     Block       Chief      Medical        Officer,        Nokha,      Bikaner,
         Rajasthan.
18.      The Block Chief Medical Officer, Sardar Shahar, Churu,
         Rajasthan.
19.      The Block Chief Medical Officer, Dhorimanna, Barmer,
         Rajasthan.
20.      The     Block      Chief      Medical       Officer,         Masalpur,    Karauli,
         Rajasthan.
                                                                        ----Respondents
                 S.B. Civil Writ Petition No. 6906/2023
Sandeep Kumar S/o Shri Madan Lal, Aged About 29 Years, R/o
Ward No. 24, Dhani Chinkar Palsana, Palsana, Sikar, Rajasthan.
                                                                           ----Petitioner
                                         Versus
1.       State Of Rajasthan, Through Its Secretary, Medical,
         Health And Family Welfare Services, Secretariat, Jaipur,
         Rajasthan.
2.       The Director (Public Health), Medical And Health Services,
         Health Bhawan, Jaipur, Rajasthan.
3.       State       Of   Rajasthan,        Through         The       District    Collector,
         Udaipur, Rajasthan.
4.       The District Health Committee, Through Its Chairman,
         Udaipur, Rajasthan.
5.       The Chief Medical And Health Officer, Udaipur, Rajasthan.
6.       The     Block      Chief      Medical        Officer,        Bhindar,     Udaipur,
         Rajasthan.
                                                                        ----Respondents


For Petitioner(s)              :     Mr. Manvendra Singh.
                                     Mr. Abhimanyu Singh.
For Respondent(s)              :     Mr. N.S.Rajpurohit, AAG assisted by
                                     Ms Anita Rajpurohit.




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           HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

20/09/2024

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, 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.

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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".

3. Learned counsel for the petitioners submits that the

petitioners may be permitted to file an appropriate representation

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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 petitions are 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

(supra).

5. The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

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 3-5 Anil Singh/-

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