Rajasthan High Court - Jodhpur
Premila Dendor vs The State Of Rajasthan ... on 7 January, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:743]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 21928/2024
1. Premila Dendor D/o Shri Vijay Pal Dendor, Aged About 23
Years, R/o Village Panchwati, Post Godat, Tehsil Sagwara
District Dungarpur (Rajasthan), Presently Working On The
Post Of Anm At Up P.h.c. Badali, Block Kotada, District
Udaipur.
2. Shilpa Nanoma D/o Shri Sukh Lal Nanoma, Aged About
24 Years, R/o Village Ghada, Vateshwar Post Karawad,
Tehsil Simalwara District Dungarpur (Rajasthan),
Presently Working On The Post Of Anm At Up P.h.c.
Jogiwd, Block Kotada, District Udaipur.
3. Minal Ben Damor D/o Shri Jagdish Damor, Aged About 28
Years, R/o Village And Post Rasta Kalan, Tehsil And
District Dungarpur (Rajasthan), Presently Working On The
Post Of Anm At Up P.h.c. Malder Kalan, Block Kotada,
District Udaipur.
4. Sonam Parmar W/o Shri Badhri Lal, Aged About 36 Years,
R/o Village And Post Sanak Lal, (Chhani) Tehsil Kherwara
District Udaipur (Rajasthan), Presently Working On The
Post Of Anm At Up P.h.c. Lamba Haldu Block Kotada
District Udaipur.
5. Kailash Damor W/o Shri Pungi Lal Damor, Aged About 40
Years, R/o Village Shram Post Veerpur, Tehsil And District
Dungarpur (Rajasthan), Presently Working On The Post Of
Anm At Up P.h.c. Malder Kalan, Block Kotada, District
Udaipur.
----Petitioners
Versus
1. The State Of Rajasthan, Through Additional Chief
Secretary, Department Of Medical Health And Family
Welfare, Govt. Of Rajasthan, Secretariat, Jaipur.
2. The Director (Non Gazetted), Medical And Health
Services, Govt. Of Rajasthan, Swasthya Bhawan, Jaipur.
3. The Chief Medical And Health Officer, Udaipur.
4. The Block Chief Medical Officer, Kotada, District Udaipur.
5. The Medical Officer-In-Charge, Community Health Centre,
Kotada, District Udaipur.
[2025:RJ-JD:743] (2 of 4) [CW-21928/2024]
----Respondents
For Petitioner(s) : Mr. Gajendra Singh Shekhawat for
Mr. Tanwar Singh Rathore
JUSTICE DINESH MEHTA
Order
07/01/2025
1. Learned counsel for the petitioners submits that the issue
involved in the present case is covered by the judgment dated
30.07.2024 passed by co-ordinate Bench of this Court in the case
of Shruti Moyal & Ors. vs. State of Rajasthan & Ors. (S.B.
Civil Writ Petition No. 12243/2024).
2. In the case of Shruti Moyal, 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
(Annexure7) 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,
[2025:RJ-JD:743] (3 of 4) [CW-21928/2024]
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
discontinuing 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 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
[2025:RJ-JD:743] (4 of 4) [CW-21928/2024]
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 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 grievances.
4. In view of the above, the present writ petition is disposed of
in terms that in the event of filing 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).
5. The order has been passed based on the submissions made
in the petition, the respondents would be free to examine the
veracity of the submissions made in the petition and only in case,
the averments made therein are found to be correct, the
petitioners would be entitled to the relief
6. Stay application also stands disposed of, accordingly.
(DINESH MEHTA),J
37-Mak/-
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