Satya Narayan Dhakar vs The State Of Rajasthan ...
2025 Latest Caselaw 8038 Raj

Rajasthan High Court - Jodhpur

Satya Narayan Dhakar vs The State Of Rajasthan ... on 27 February, 2025

Author: Manindra Mohan Shrivastava

Bench: Manindra Mohan Shrivastava

[2025:RJ-JD:11477-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     D.B. Spl. Appl. Writ No. 206/2025

Satya Narayan Dhakar S/o Panna Lal Dhakar, Aged About 29
Years, R/o Sati Mata K Pass, Hangri Choraya, Sukhwara,
Chittorgarh, Rajasthan-312613 Present Working As Computer
Operator, Govt. Hostel, Chittorgarh (Raj.)
                                                                        ----Appellant
                                        Versus
1.       The State Of Rajasthan, Through Principal Secretary,
         Medical And Health, Govt. Of Rajasthan Govt. Secretariat,
         Jaipur.
2.       Director,      Medical      And     Health       Department,      Swasthya
         Bhawan, Behind Secretariat, Ashok Nagar, Jaipur
3.       Secretary, Medical Relief Society, Shri Savaliya Ji, General
         Hospital, Chittorgarh, Rajasthan.
                                                                     ----Respondents


For Appellant(s)              :     Mr. Bharat Singh Rathore.
For Respondent(s)             :     Mr. Narendra Singh Rajpurohit, AAG.



 HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
                HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

27/02/2025

1. Though order of the learned Single Judge is challenged on

the submission that there are various orders passed by the Single

Benches of this Court granting minimum of the pay-scale of the

post in light of the judgment of the Supreme Court in the case of

State of Punjab & Ors. Vs. Jagjit Singh & Ors.: (2017) 1 SCC

148, admittedly, the learned Single Judge has dismissed the

petition on the ground that the appellant is a person engaged by a

placement agency.

[2025:RJ-JD:11477-DB] (2 of 2) [SAW-206/2025]

2. We are in accord with the view taken by the learned Single

Judge as there is no privity of contract between the appellant and

the State.

3. Relying upon the decision of the Supreme Court in the case

of K.K. Suresh & Anr. Vs. Food Corporation of India & Ors.

: (2018) 17 SCC 641, this Court in the case of Rajesh Gurjar Vs.

State of Rajasthan & Ors. : D.B. Special Appeal Writ No.

688/2022, decided on 27.05.2022 has categorically held that the

claim of continuance in service or payment of salary cannot be

accepted. There is no privity of contract between the appellant

and the State. No appointment order has also been filed.

4. We also find that later on another judgment of the Supreme

Court in the case of R.S. Madireddy & Anr. Vs. Union of India

: 2024 SCC OnLine SC 965 wherein also, this issue was examined.

Therefore, we do not find any reason to interfere with the order

passed by the learned Single Judge.

5. Accordingly, the Special Appeal Writ is dismissed.

(MUNNURI LAXMAN),J (MANINDRA MOHAN SHRIVASTAVA),CJ

64-BhumikaP/Mohan

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