Rajasthan High Court - Jodhpur

Mahendra Singh vs The State Of Rajasthan ... on 14 January, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2025:RJ-JD:2484]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 976/2025

1. Mahendra Singh S/o Ram Singh, Aged About 26 Years, R/ o Ward No. 10, Koodsoo, District Bikaner.

2. Harman Singh Rajpoot S/o Karni Singh, Aged About 27 Years, R/o 569, Teliyasar, Bhadla, District Bikaner.

3. Shyoprakash S/o Jaipal Yadav, Aged About 26 Years, R/o Ward No.3, Village- Karnasar, District Bikaner.

4. Ratan Das S/o Raju Das, Aged About 28 Years, R/o Ward No. 02, Nathwana, Teh. Lunkaransar, Nathwana, District Bikaner.

5. Shiv Ratan S/o Himmata Ram, Aged About 28 Years, R/o Dusarna, Pandreekji, District Bikaner.

6. Hemraj S/o Hari Ram, Aged About 30 Years, R/o Vtc-

Godoo, P.o -Godoo, Kolayat, District Bikaner.

7. Mukesh Das Swami S/o Om Das Swami, Aged About 25 Years, R/o Ward No.2,khari, Lunkaransar District Bikaner.

8. Rakesh Das Swami S/o Om Das Swami, Aged About 25 Years, R/o Ward No.2,khari, Lunkaransar District Bikaner.

9. Pradeep Rathore S/o Hanuman Singh, Aged About 27 Years, R/o Hanuman Hattha Chowk, Bikaner,district Bikaner.

10. Govind Singh S/o Shankar Dan, Aged About 26 Years, R/o Ward No.05, Charno Ka Mohla, Deli Talai, Pugal, District Bikaner.

11. Sunil Lakhra S/o Hariram Lakhra, Aged About 31 Years, R/o Ward No.17 , Lakhra Shiv Mandir Ke Pass, Nokha, District Bikaner.v

12. Bajrang Singh S/o Chhallu Singh Bhati, Aged About 28 Years, R/o Ward No. 05, Raisar, Nokha, District Bikaner.

13. Manoj Kumar Bishnoi S/o Hari Ram Bishnoi, Aged About 33 Years, R/o Ward No. 24, Near Pani Ki Tanki, Mohan Pura, Nokha Mandi, District Bikaner.

14. Ashok Kumar Sharma S/o Prabhu Dayal Sharma, Aged About 30 Years, R/o Ward No.01 , Gajner, Tehsil Kolayat, District Bikaner.

15. Koushal Khatri S/o Bishan Lal, Aged About 30 Years, R/o Kuchil Pura District Bikaner.

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16. Dilip Suthar S/o Kanhaiya Lal Suthar, Aged About 38 Years, R/o D-119, Near Durgavati Hospital, M.d.v Nagar, Bikaner , District Bikaner.

17. Manish Upadhyay S/o Dinanath Upadhyay, Aged About 30 Years, R/o 5/325, Mukta Prasad Nagar, Bikaner, District Bikaner.

18. Nima Vishnoi S/o Ram Kumar, Aged About 29 Years, R/o Sarno Ka Bass, Mithriya, District Bikaner.

19. Dinesh Kumar S/o Ram Swarup, Aged About 32 Years, R/ o Ward No.02, Near Power House, Koodsoo, District Bikaner.

20. Bajrang Lal S/o Bhanwar Lal, Aged About 32 Years, R/o Behind Panchariya Tubewell, Rora Road, Nokha, District Bikaner.

21. Sameshta Kumari D/o Badalu Ram, Aged About 34 Years, R/o House No. 224, Lalgarh, District Bikaner.

22. Priyanka D/o Shankar Lal, Aged About 31 Years, R/o Bajju Khalsa,district Bikaner

23. Ramchandra Godara S/o Narsi Ram, Aged About 35 Years, R/o Rajasar Bhatiyan, District Bikaner.

24. Abdul Rahman S/o Abdul Hamid, Aged About 29 Years, R/ o Pahd Bazar, Bikaner, District Bikaner.

25. Amrit Lal Solanki S/o Bhanwar Lal Solanki, Aged About 28 Years, R/o Jangloo, Nokha, District Bikaner.

26. Rakesh Kumar Sharma S/o Bajrang Lal Sharma, Aged About 27 Years, R/o Birjshwali, Bikaner District Bikaner.

27. Mamraj Godara S/o Bhanwar Lal Godara, Aged About 30 Years, R/o Lalmdesar Bara, Nokha, District Bikaner.

28. Babu Lal Sadh S/o Barju Das Sadh, Aged About 25 Years, R/o Kakra, Nokha, District Bikaner.

29. Akash Sharma S/o Mahesh Kumar Sharma, Aged About 31 Years, R/o Nokha, District Bikaner.

30. Manoj Kumar Meghwal S/o Dhana Ram, Aged About 26 Years, R/o Lalmdesar Bara, Nokha, District Bikaner.

31. Vinod Kumar S/o Ray Singh Dhariwal, Aged About 29 Years, R/o Mahajan, District Bikaner.

32. Rohit Kumar Sankhla S/o Mahaveer Prasad Sankhla, Aged About 27 Years, R/o Nathusar Bas, Maliyo Ka Mohalla,

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District Bikaner.

33. Bhanu Priya S/o Chaina Ram, Aged About 35 Years, R/o Kolayat, District Bikaner.

34. Rajesh Kumar Sharma S/o Gouri Shankar, Aged About 41 Years, R/o Near Railway Station, Prem Nagar, Pokaran, District Jaisalmer.

35. Sumit Dave S/o Jaikishan Dave, Aged About 32 Years, R/ o Bohro Ki Gali, Pokaran, District Jaisalmer.

36. Ashok Solanki S/o Kheta Ram, Aged About 30 Years, R/o Madagan Bas, Pokaran, District Jaisalmer.

37. Ashutosh Ojha S/o Harivallabh, Aged About 32 Years, R/o Mali Peda , District Jaisalmer.

38. Anil Kumar S/o Heera Ram, Aged About 34 Years, R/o Vishnoiyo Ka Vas, Khetolai, District Jaisalmer.

39. Sushila W/o Om Prakash, Aged About 37 Years, R/o Pratapram Banam Mandrupani Dhaniyan, Talariya , District Jaisalmer.

40. Manoharlal S/o Arjunram, Aged About 29 Years, R/o Village Post Boha, Deva, District Jaisalmer.

41. Anita Goswami S/o Rakesh Giri Goswami, Aged About 27 Years, R/o Bau Ka Vas, Ward No.2, Pokaran, District Jaisalmer.

42. Mohit Sharma S/o Mahendra Kumar Sharma, Aged About 27 Years, R/o A-21 Raj Colony, Sirohi, District Sirohi.

43. Jitendra Pal Singh Deora S/o Madho Singh, Aged About 28 Years, R/o Near St. Paul School, Sirohi, District Sirohi.

44. Narsa Ram S/o Baburam Ghanchi, Aged About 35 Years, R/o Solanki Nivas Reodar, District Sirohi.

45. Sanjay Singh S/o Balwant Singh, Aged About 36 Years, R/ o Tankariya Gali No. 7, Sirohi, District Sirohi.

46. Dilip Meena S/o Madaram, Aged About 27 Years, R/o Fateh Nagar, Sheoganj, District Sirohi.

47. Shobh Raj Singh S/o Amar Singh Bhati, Aged About 27 Years, R/o Bhatiwas, Chhiba Gaon, District Sirohi.

----Petitioners Versus

1. The State Of Rajasthan, Through Its Principal Secretary,

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Department Of Medical And Health Services, Secretariat, Jaipur (Raj.).

2. The Joint Secretary, Medical And Health Services, Rajasthan, Jaipur (Raj.)

3. The Joint Secretary, Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur.

4. The Director, Finance (Budget), Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur.

5. The Director (Public Health), Medical And Health Services, Rajasthan, Jaipur (Raj.).

6. The Director (Non-Gazetted), Medical, Health And Family Welfare Department, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.).

7. The District Collector, Bikaner.

8. Nodal Officer, Mnjy, Medical And Health Services, Government Of Rajasthan, Jaipur.

9. Rajasthan Medical Services Corporation Limited (Rmsc), Department Of Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its Managing Director.

10. The Chief Medical And Health Officer, Bikaner.

11. The Chief Medical And Health Officer, Jaisalmer.

12. The Chief Medical And Health Officer, Sirohi.

13. The Principal Medical Officer, Bikaner.

14. The Principal Medical Officer, Jaisalmer.

15. The Principal Medical Officer, Sirohi.

16. The Principal, Sardar Patel Ayurvigyan College, Bikaner.

17. The Superintendent, P.b.m Hospital District Bikaner.


                                                                      ----Respondents


For Petitioner(s)              :    Mr. SK Verma
For Respondent(s)              :    Mr. NS Rajpurohit, AAG assisted by
                                    Mr. Sher Singh Rathore





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                        JUSTICE DINESH MEHTA
                                        Order

14/01/2025

1. While informing that petitioners are working as Urgent

Temporary Basis on the post of Nursing Officer, learned counsel

for the petitioners submitted that the controversy involved in the

present case is squarely covered by a judgment rendered by this

Court in S.B. Civil Writ Petition No.12243/2024 (Shruti

Moyal & Ors. V/s State of Rajasthan & Ors.).

2. In the case of Shruti Moyal, the 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 (Annexure-7) 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, terminating the services of the petitioners,

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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 dis-continuing 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.

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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 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 for the petitioners 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

grievance.

4. In view of the above, the present writ petition is disposed of

in terms that in the event of filing a 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