Rajasthan High Court - Jodhpur

Jagdeesh Prajapat vs State Of Rajasthan (2025:Rj-Jd:1719) on 10 January, 2025

[2025:RJ-JD:1719]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 602/2025

1.       Jagdeesh Prajapat S/o Rameshwar, Aged About 28 Years,
         At Present Working As Lt At Jln Govt. Hospital Nagaur, R/o
         Tanwara Jayal Nagaur.
2.       Gajendra Bohra S/o Satyanarayan, Aged About 37 Years,
         At Present Working As Pharmacist At Jln Hospital, Nagaur,
         R/o Near Rathori Kuwa Govt. School Nagaur.
3.       Kriparam S/o Manglaram, Aged About 26 Years, At
         Present Working As Helper At Jln Govt. Hospital Nagaur,
         R/o Gurla Chuntisara Nagaur.
4.       Dharmendra S/o Padma Ram, Aged About 31 Years, At
         Present Working As Pharmacist At Jln Govt. Hospital
         Nagaur, R/o Gogelaw Nagaur.
5.       Hanuman Ram S/o Girdhariram, Aged About 34 Years, At
         Present Working As Oxygen Operator At Jln Hospital
         Nagaur, R/o Malgaon Post Bhadana (Bana Ka) Tehsil And
         District Nagaur.
6.       Babulal S/o Ramniwas, Aged About 20 Years, At Present
         Working As Helper At Jln Govt. Hospital Nagaur, R/o
         Seengar (Nagaur).
7.       Idrish S/o Abdul Sattar, Aged About 18 Years, At Present
         Working As Computer Operator At Jln Hospital Nagaur, R/
         o Nagori Falsa Marwad Mundwa.
8.       Sarita Lamror D/o Ram Kailash, Aged About 24 Years, At
         Present Working As Lt At Jln Hospital Nagaur, R/o
         Chheelara Mundwa Nagaur.
9.       Manisha Gehlot D/o Manoj, Aged About 26 Years, At
         Present Working As Lt At Jln Hospital Nagaur, R/o Jai
         Narayan Vyas Colony Nagaur.
10.      Simran Khurkhuriya D/o Shivkaran, Aged About 20 Years,
         At Present Working As Computer Operator At Jln Hospital,
         Nagaur, R/o Khurkhura Kalln (Mundwa) Nagaur.
11.      Kamal S/o Shiv Ram, Aged About 28 Years, At Present
         Working As Lt At Jln Hospital Nagaur, R/o Veer Teja
         Colony Tagore School Ke Paas Manasar Nagaur.
12.      Dinesh S/o Mohanram, Aged About 26 Years, At Present
         Working As Oxygen Plant Operator At Jln Hospital,
         Nagaur, R/o Village- Chenasar, Post Satheran, District

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         Nagaur.
13.      Suraj Sharma S/o Shrikrishan Sharma, Aged About 24
         Years, At Present Working As Ncd Room Computer
         Operator   At   Jln    Hospital,       Nagaur,         R/o   Near   Shikh
         Gurudwara, Sugan Singh Circle, Nagaur.
14.      Narendra Bidyasar S/o Bhanwar Lal, Aged About 32
         Years, At Present Working As Pharmacist At Jln Hospital,
         Nagaur, R/o Pharrod Jayal Nagaur.
15.      Jitendra Purohit S/o Surendra Kumar Purohit, Aged About
         24 Years, At Present Working As Computer Operator At
         Jln Hospital, Nagaur, R/o Lohiya Ka Chok, Nagaur.
16.      Dhiraj Kankrawa S/o Sukh Ram, Aged About 22 Years, At
         Present Working As Computer Operator At Jln Govt.
         Hospital, Nagaur, R/o Soliyana Mundwa, Nagaur.
17.      Nirma Loyal D/o Multan Ram Loyal, Aged About 23 Years,
         At Present Working As Pharmacist At Jln Hospital Nagaur
         R/o Raidhanu Nagaur.
18.      Raju Sanchoriya S/o Jagdish Ram Sanchoriya, Aged About
         22 Years, At Present Working As Helper At Jln Hospital,
         Nagaur, R/o Shree Ram Colony, Nagaur.
19.      Pawan Panwar S/o Shyam Sundar Panwar, Aged About 22
         Years, At Present Working As Helper At Jln Hospital
         Nagaur, R/o Nakas Gate, Nagaur.
20.      Vinod S/o Shyam Lal, Aged About 19 Years, At Present
         Working As Helper At Jln Hospital, Nagaur, R/o Nakas
         Gate, Nagaur.
21.      Salman S/o Khalil Ahmed, Aged About 20 Years, At
         Present Working As Helper At Jln Hospital, Nagaur, R/o
         Teliwada, Nagaur.
22.      Manish S/o Tej Prakash, Aged About 24 Years, At Present
         Working As Helper At Jln Hospital, Nagaur, R/o Nakas
         Gate, Nagaur.
23.      Devraj S/o Ramprashad, Aged About 24 Years, At Present
         Working As Helper At Jln Govt. Hospital, Nagaur, R/o
         Kishan Chatravas New Telewada Nagaur.
24.      Subhash S/o Laxmanram, Aged About 20 Years, At
         Present Working As Helper At Jln Hospital, Nagaur, R/o
         Gagwana, Nagaur.


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25.      Ramwilas S/o Madan Lal, Aged About 36 Years, At Present
         Working As Smd Maa-Yojna (Mch) At Jln Hospital, Nagaur,
         R/o Singer, Nagaur.
26.      Chaitan Kumar Bairwa S/o Mahaveer Prashad, Aged About
         22 Years, At Present Working At Govt. Hospital, District
         Kekri.
27.      Radheshyam Bairwa S/o Gopal Lal, Aged About 31 Years,
         At Present Working As Swasthya Margdarshak (Bsby-
         Immcsby), At District Hospital, Kekri.
28.      Shankar Lal Lodha S/o Ramraj Lodha, Aged About 28
         Years, At Present Working As Swasthya Margdarshak
         (Bsby-Immcsby), At District Hospital, Kekri.
29.      Balram Meghwanshi S/o Bhanwarlal, Aged About 27
         Years, At Present Working At Govt. District Hospital,
         Kekri.
30.      Bhanwar Lakhesar S/o Narayan Ram Lakhesar, Aged
         About 29 Years, At Present Working As Man With Machine
         At Chc Hadda, Block Kolayat, District Bikaner.
                                                                       ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through The Secretary Medical And
         Health Department, Government Of Rajasthan, Jaipur.
2.       Secretary, Finance (Budget) Department, Government Of
         Rajasthan, Jaipur.
3.       Joint      Secretary,         Finance          (Budget)         Department,
         Government Of Rajasthan, Jaipur.
4.       Director (Non-Gazetted), Department Of Medical And
         Health Services, Government Of Rajasthan, Jaipur.
5.       Director (Public Health), Medical And Health Services,
         Government Of Rajasthan, Jaipur.
6.       Additional      Director,       Medical        And         Health    Services,
         Government Of Rajasthan, Jaipur, Jaipur.
7.       Nodal      Officer,   Mndy,       Medical        And       Health    Services,
         Government Of Rajasthan.
8.       Nodal      Officer,    Mnjy,      Medical        And       Health    Services,
         Government Of Rajasthan, Jaipur.
9.       Rajasthan Medical Services Corporation Limites (Rmsc),
         Department Of Medical And Health Services, Swasthya

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         Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its
         Managing Director.
10.      Managing Director, N.h.m. Swasthya Bhawan, Jaipur.
11.      Chief Executive Officer, State Health Assurance Agency,
         Jaipur.
12.      Principal Medical Officer, Nagaur, Rajasthan.
13.      Chief Medical And Health Officer, Nagaur, Rajasthan.
14.      Rajasthan        Medical        Relief       Society,        Nagaur,     Through
         Secretary, District Nagaur, Rajasthan.
15.      Principal Medical Officer, Kekri, Rajasthan.
16.      Chief Medical And Health Officer, Kekri, Rajasthan.
17.      Rajasthan         Medical          Relief     Society,        Kekri,     Through
         Secretary, District Kekri, Rajasthan.
18.      The Joint Director, Medial Health Department, District
         Ajmer.
19.      Principal Medical Officer, Bikaner, Rajasthan.
20.      Chief Medical And Health Officer, Bikaner, Rajasthan.
21.      Rajasthan        Medical        Relief      Society,         Bikaner,    Through
         Secretary, District Bikaner, Rajasthan.
                                                                        ----Respondents


For Petitioner(s)                :    Mr. S.K. Verma
For Respondent(s)                :



               HON'BLE MR. JUSTICE ARUN MONGA

Order

10/01/2025

1. Petitioners herein seek quashing of impugned order dated

27.02.2021 (Annex.11) passed by the respondent No.4 vide which

petitioners' services were directed to be replaced through private

placement agency. Furthermore, they seek a direction to the

respondents to allow them to serve continuously at their

respective place of posting through Rajasthan Medical and Relief

[2025:RJ-JD:1719] (5 of 5) [CW-602/2025]

Society (RMRS) and pay them full salary through RMRS and not

through the placement agency.

2. At the outset, it is submitted by the learned counsel for the

petitioners that the issue raised in the present writ petition is

covered by an order dated 19.01.2021 passed by a Coordinate

Bench of this Court in S.B. Civil Writ Petition No. 7273/2020 :

Jai Prakash Ganchi & Ors. Vs. State of Rajasthan & Ors. He

submits that the petitioners are sanguine that, in case they are

allowed to file a representation qua the grievance raised in the

present writ petition and the same is considered by the

respondents in light of the aforesaid judgment, they will be meted

out with favorable treatment.

3. In view of the aforesaid, without commenting on the merits

of the case, the petition filed by the petitioners is disposed of with

a direction to the competent authority to decide the

representation (may file fresh, if not already filed) of the

petitioners, in accordance with law, keeping in view the

observations made in the case of Jai Prakash Ganchi (supra), as

expeditiously as possible.

4. Pending application(s), if any, stand disposed of.

(ARUN MONGA),J 175-DhananjayS/skm/-