Shahid Hussain vs The State Of Rajasthan ...
2024 Latest Caselaw 8445 Raj

Citation : 2024 Latest Caselaw 8445 Raj
Judgement Date : 24 September, 2024

Rajasthan High Court - Jodhpur

Shahid Hussain vs The State Of Rajasthan ... on 24 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:39691]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      AT JODHPUR.
                S.B. Civil Writ Petition No. 15707/2024

1.       Shahid Hussain S/o Jakir Hussain, Aged About 30 Years,
         R/o Kaziyo Ka Was, Sojat, Pali, District Pali (Raj.).
2.       Mukesh Kumar Regar S/o Shri Mohan Lal, Aged About 25
         Years, R/o 1030-K, Regaro Ka Bas, Raipur, Pali, District
         Pali (Raj.).
                                                                       ----Petitioners
                                         Versus
1.       The State Of Rajasthan, Through The Secretary Medical
         And    Health      Department,           Government          Of     Rajasthan,
         Jaipur.
2.       Director, Medical And Health Services, Government Of
         Rajasthan, Jaipur.
3.       The Chief Medical And Health Officer, Beawar, District
         Beawar (Raj.).
4.       The Chief Medical And Health Officer, Pali, District Pali
         (Raj.).
5.       The Block Chief Medical Officer, Raipur, Pali, District Pali
         (Raj.).
                                                                     ----Respondents


For Petitioner(s)              :    Mr. Sunil Kumar Singodiya.




         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

24/09/2024

1. Heard learned counsel for the petitioners.

2. Learned counsel for the petitioners submit 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

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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. 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

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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, therefore, prays that the present writ

petition may also be disposed of in the same terms.

4. In view of the judgment rendered by this court in the case of

Shruti Moyal & Ors. (supra), the present writ petition is also

disposed of with a direction to the respondent No.3-Chief Medical

& Health Officer, District Beawar District Beawar to ascertain the

number of vacancies available with him in his jurisdiction and if he

desires to take the services of the petitioners on the post

[2024:RJ-JD:39691] (4 of 4) [CW-15707/2024]

available, the petitioners may be adjusted or accommodated to

serve on those posts till the regularly selected candidates are