Leela Kumari Bhamat vs State Of Rajasthan (2025:Rj-Jd:18668)
2025 Latest Caselaw 11458 Raj

Citation : 2025 Latest Caselaw 11458 Raj
Judgement Date : 16 April, 2025

Rajasthan High Court - Jodhpur

Leela Kumari Bhamat vs State Of Rajasthan (2025:Rj-Jd:18668) on 16 April, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:18668]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 7603/2025

1.       Leela Kumari Bhamat D/o Nanu Ram Bhamat, B/c Bheel,
         Aged About 27 Years, R/o Village Dungar, Post Doongar
         Dungarpur District Dungarpur.
2.       Puspa Kumari Damor D/o Punga Ram Damor, B/c Bheel,
         Aged About 29 Years, R/o Ward No. 7 Toran Fala, Mu-
         Ghanti Gala Post Punavada, Punawada, Tehsil Simalwara,
         District Dungarpur.
3.       Geeta Kumari Charpota D/o Raman Lal Charpota, B/c
         Bheel, Aged About 27 Years, R/o Village Itauva Post
         Kotada Tehsil Garhi Kotran, Kotada Banswara, District
         Banswara.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Medical And Health Services,
         Secretariat, Jaipur.
2.       Director, Department Of Medical Health And Family
         Welfare Service, Jaipur.
3.       The Chief Medical And Health Officer, Salumber.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Deepak Kanojiya.
For Respondent(s)         :     Mr. Tanuj Jain for Mr. Mukesh Dave.



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

16/04/2025

1. While informing that petitioners are working as Urgent

Temporary Basis on the post of Auxiliary Nursing Midwifery (ANM),

learned counsel for the petitioners submitted 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.).

[2025:RJ-JD:18668] (2 of 4) [CW-7603/2025]

2. In the case of Shruti Moyal, the following order was passed:-

"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 3months 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.

[2025:RJ-JD:18668] (3 of 4) [CW-7603/2025]

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 before the

respondents in the light of judgment rendered by this Court in the

case of Shruti Moyal (supra) for redressal of their grievance.

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

(supra).