Citation : 2025 Latest Caselaw 16817 Raj
Judgement Date : 6 December, 2025
[2025:RJ-JD:52804]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10336/2017
1. Dalpat Singh Deora S/o Shri Om Prakash Deora, R/o Tutki
Bari, Nagaur Road, Mandor, District Jodhpur.
2. Bhur Singh S/o Shri Rewat Singh Bhati, R/o Ujliya
Manaklaw, Tehsil Osiyan, District Jodhpur.
3. Bagdaram S/o Shri Himmtaram, R/o Sargaro Ka Bas,
Nathdwara Road, Bilara, District Jodhpur.
Manoj S/o Shri Sohanlal, R/o Village Bed Kalla, Tehsil
4.
Jaitaran, District Pali.
Durgaram S/o Shri Magaram Choudhary, R/o Harlai,
5.
Tehsil Osiyan, District Jodhpur.
6. Prakash Chandra Patel S/o Shri Mangilal, R/o Gadanadi,
Tehsil Bilara, District Jodhpur.
7. Jai Singh S/o Shri Bhawani Singh, R/o Village Annawas,
Post Chirdhani, Tehsil Pipar City, District Jodhpur.
Khummaram Jat S/o Shri Ratanlal, R/o Village Rajola
8.
Kalla, Sojat City, District Pali.
Sharvan S/o Shri Mnaram, R/o Somraj Ji Ki Dhani,
9.
Jaisla, Tehsil Phalodi, District Jodhpur.
10. Vishnuram Bishnoi S/o Shri Ramkumar Bishnoi, R/o
Village-Post Birani, Bhopalgarh, District Jodhpur.
11. Bhawani Singh S/o Shri Jabbar Singh, R/o Ketu Kalla,
Shergarh, Jodhpur.
12. Sarwan Singh S/o Shri Kishor Singh, R/o Ketu Kalla,
Shergarh, Jodhpur.
13. Bhanwar Singh S/o Shri Kishor Singh, R/o Ketu Kalla,
Shergarh, Jodhpur.
14. Ravi Bhargav S/o Shri Vasudev Bhargav, R/o Bhargavo Ka
Mohalla, Nai Sadak, Bilara, District Jodhpur.
15. Niraj Rajpurohit S/o Shri Mangal Singh, R/o Pilowani,
District Pali.
16. Jogendra Sen S/o Shri Kailash Babu Sen, R/o Kerawawas,
Khawaso Ki Seri, Aahor, Ditrict Jalor.
17. Rishipal S/o Shri Nemichand, R/o Laxman Bari, Village-
Post Nanas Via Pipar City, District Jodhpur.
18. Heera Lal Meghwal S/o Shri Ramchandra, R/o Indira
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[2025:RJ-JD:52804] (2 of 4) [CW-10336/2017]
Colony, Ward No. 24, Phalodi, District Jodhpur.
19. Mahesh Chandra Rajpurohit S/o Shri Padam Singh
Rajpurohit, R/o Plot No. 10, Brajawadi, Gali No. 1, Lal
Sagar, Jodhpur.
20. Satpal Meghwal S/o Shri Birmaram Meghwal, R/o
Meghwalo Ka Bas, Dhannari Kalla, Tehsil Bawri, District
Jodhpur.
21. Omprakash S/o Shri Gopal Ram, R/o Village-Post
Menewara, Tehsil Baap, District Jodhpur.
----Petitioners
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Medical And Health Services Group-Iii, Govt. Of
Rajasthan, Secretariat, Jaipur.
2. The Special Secretary, Medical And Health And Mission
Director, National Health Mission Rajasthan, Jaipur.
3. The Director, Medical And Health Services, Rajasthan,
Tilak Marg, Swasthya Bhawan, Jaipur.
4. The Additional Director Administration, Medical And
Health Services, Rajasthan, Tilak Marg, Swasthya
Bhawan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Vivek Firoda with
Mr. Nikhil Bishnoi
Mr. Devendra Deelu
Mr. Anurag Jyani
For Respondent(s) : Mr. Tanuj Jain for
Mr. Mukesh Dave, AGC
HON'BLE MS. JUSTICE REKHA BORANA
Order
06/12/2025
1. Counsel for the petitioners submits that the issue rests
covered by the Division Bench judgment in Radu Lal & Ors. Vs.
The State of Rajasthan & Ors.; D.B. Civil Writ Petition
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[2025:RJ-JD:52804] (3 of 4) [CW-10336/2017]
No.11737/2024 and other connected matters (decided on
26.08.2025).
2. Counsel relied upon the judgment of a Co-ordinate Bench of
this Court in Rakesh Kumar & Ors. Vs. State of Rajasthan &
Ors.; S.B. Civil Writ Petition No.12679/2020 and other
connected matters (decided on 17.10.2025) whereby while relying
upon Radu Lal (supra), the Court passed certain directions.
3. Counsel for the respondents submits that similar directions
as in Rakesh Kumar (supra) be passed in the present writ
petitions too.
4. In Radu Lal (supra), the Court directed as under:
"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."
5. In Rakesh Kumar (supra), the Court while deciding the
petitions in terms of Radu Lal (supra), further directed as under:
"5. Keeping in mind the law enunciated in the order passed in Rodu Lal (supra), the present writ petitions are also allowed in the same terms and manner as laid down therein. However, it is observed that the appointment letters of certain petitioners have either not been brought on record or are not annexed with their respective writ petitions. Accordingly, the respondents are directed to verify the authenticity
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and existence of such appointment letters prior to giving effect to this order.
5.1. The entire process of verification, wherever necessary, shall be completed by the respondents within a period of two months from the date of receipt of a certified copy of this order. Upon completion of such verification, if it is found that the petitioners are similarly situated and their cases are identical to those covered under the decision in Rodu Lal (supra), they shall be extended the same benefits and consequential reliefs without any further delay. 5.2. The stay petitions and all pending applications, if any, shall stand disposed of."
6. In view of the above, the present writ petition is also
disposed of on the same terms and directions as in Rakesh
Kumar (supra).
7. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J 71-manila/-
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