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Rajasthan High Court - Jodhpur
Prakash Kumar vs The State Of Rajasthan ... on 1 December, 2025
[2025:RJ-JD:51854]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 20407/2024
1. Prakash Kumar S/o Mala Ram, Aged About 39 Years, R/o
53, Jawali Ka Rasta, Rabariya, District Pali (Raj.). (Date
Of Appointment 05.05.2015)
2. Rameshwar Lal Panwar S/o Chunni Lal, Aged About 47
Years, R/o Meghwalo Ka Vas, Ward No.10, Khinwara,
District Pali. (Date Of Appointment 01.06.2013)
3. Bhanwar Lal S/o Manroop Ram, Aged About 38 Years, R/o
326, School, Itandra Medatiyan, Marwar Junction, District
Pali (Date Of Appointment 13.06.2013)
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Rural Development And Panchayati Raj Department,
Government Secretariat, Jaipur, Rajasthan.
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Principal Secretary, Department Of Finance,
Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
4. The Commissioner (EGS), Rural Development And
Panchayati Raj Department, Government Secretariat,
Jaipur, Rajasthan.
5. The District Collector, Pali.
6. Chief Executive Officer, Zila Parishad Pali, Rajasthan.
7. Development Officer, Panchayat Samiti Rani, District Pali,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pawan Singh Rathore
For Respondent(s) : --
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
01/12/2025
1. The present writ petition has been filed challenging the
action of the respondent authorities for not passing any order on
the representation filed by the petitioners whereunder they have
requested to consider their case for covering the Contractual
Hiring To Civil Posts Rules, 2022 (hereinafter referred to as 'the
Rules of 2022').
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[2025:RJ-JD:51854] (2 of 3) [CW-20407/2024]
2. The case of the petitioners is that the petitioners were
recruited by direct contract through the outsourcing agency and
their case is also covered by the order dated 26.08.2025 passed
by Hon'ble Division Bench of this Court in D.B. Civil Writ
Petition No.11737/2024 titled as Rodu Lal & Ors. Vs. The
State of Rajasthan & Ors. and connected batch of petitions.
3. The operative portion of the order dated 26.08.2025 reads
as follows:
"40. This Court is further of the firm opinion that if the
respondents continue with the services of the petitioners,
without covering them under the Rules of 2022 would be
against the principles as enumerated by the Hon'ble Apex
Court in a catena of judgments wherein the Court has
opined that the practice of appointment of contractual
employees without any rules would lead to a situation of
exploitation by the employer. With this intent only, the
Rules of 2022 have been framed and therefore, the
benefit of the said rules cannot be denied to the
petitioners and similarly situated persons merely on the
count of having been appointed through placement
agency.
41. In light of the aforesaid facts & findings and the
judgments, this Court is of the opinion that Rule 3 of the
Rules of 2022 has to be read harmoniously, whereby, the
petitioners and similarly situated persons, who have been
appointed through placement agency after issuance of
public advertisement are to be covered under the ambit of
Rule 3 of the Rules of 2022. Since, the above rule has
been read harmoniously in favour of the petitioners,
therefore, there is no requirement to decide question No.
(b), which was framed under para 13. The harmonious
reading of the Rule itself clarifies that, there ought to be
no discrimination between the contractual employees
appointed through placement agency as well as the
contractual employees appointed directly.
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[2025:RJ-JD:51854] (3 of 3) [CW-20407/2024]
42. For the aforesaid reasons, the writ petitions are
allowed in the following terms:
(i) The respondents shall consider the individual case of
each contractual employee, appointed prior to
enforcement of the Rules of 2022 strictly in accordance
with Rule 3 of the Rules of 2022,meaning thereby, that if
an employee has been appointed on a post created by the
Administrative Department with the concurrence of the
Finance Department and the appointment has been
through issuance of a public advertisement further without
there being any differentiation whether the public
advertisement has been issued by the State Government
or by the placement agency.
(ii) If the case of the individual is in conformation with
the Rule 3 of the Rules of 2022, as interpreted above,
then the benefit of the Rules of 2022 shall be extended to
such petitioners."
4. In view of the aforesaid, the present writ petition is
disposed of in the same terms as in the case of Rodu Lal & Ors.
(supra), giving liberty to the petitioners to file individual
representation. If any such representation is filed, the respondents
shall consider the same in terms of the principles laid down in the
case of Rodu Lal & Ors. (supra).
5. The said exercise shall be done within a period of three
months from the date of representation filed by the petitioners.
6. All pending applications, if any, stand disposed of.
(MUNNURI LAXMAN),J
88-BhumikaP/-
(Uploaded on 01/12/2025 at 05:04:41 PM)
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