Anil Kumar vs The State Of Rajasthan ...
2025 Latest Caselaw 1594 Raj

Citation : 2025 Latest Caselaw 1594 Raj
Judgement Date : 1 July, 2025

Rajasthan High Court - Jodhpur

Anil Kumar vs The State Of Rajasthan ... on 1 July, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:28045]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Civil Writ Petition No. 11681/2025

1.       Anil Kumar S/o Sharwan Kumar, Aged About 38 Years,
         R/o    Ramdev        Temple,        Gopeshwar              Basti,    Gangashar,
         Bikaner.
2.       Ajay Kumar S/o Lala Ram, Aged About 27 Years, R/o
         Khiyera, Teh - Loonkaransar, Bikaner.
3.       Vinod Ghelot S/o Gopikishan Gehlot, Aged About 27
         Years,      R/o    Behind       Hariram        Temple,         Pabu     Chowk,
         Gangashar, Bikaner.
4.       Ashwani Upadhyay S/o Mula Ram, Aged About 27 Years,
         R/o Jorawarpura, Nokha, Bikaner.
5.       Nand Kishore Purohit S/o Ramkumar Purohit, Aged About
         46 Years, R/o F-175, Murlidhar Vyas Colony, Bikaner.
6.       Sonali Vyas D/o Mohanlal Vyas, Aged About 28 Years, R/o
         Daga Chowk, Bikaner.
7.       Divya Nehra D/o Veer Singh, Aged About 26 Years, R/o
         Ward No-3, Jhunjhunu.
8.       Pawan Kumar Godara S/o Kishanlal, Aged About 36 Years,
         R/o Ward No - 10, Bikaner.
9.       Rajkumar Raika S/o Hariram, Aged About 27 Years, R/o
         3-R-Jd, 2-R-Jd, Sansardesar, Bikaner.
10.      Laxmi Tanwar D/o Madan Singh, Aged About 36 Years,
         R/o Choutina Kua, Bikaner.
11.      Jyoti Sharma W/o Naresh Kumar, Aged About 42 Years,
         R/o Ward No - 4, Suratgarh, Sriganganagar.
                                                                         ----Petitioners
                                       Versus
1.       The State Of Rajasthan, Through Its Principal Secretary,
         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.


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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 Corpration Limited (RMSC),
         Department Of Medical And Health Services, Swasthya
         Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its
         Managing Director.
10.      The Principal Medical Officer, Bikaner.
11.      The Chief Medical And Health Officer, Bikaner.
12.      The Principal, Sardar Patel Ayurvigyan College, Bikaner.
13.      The Superintendent, PBM Hospital, Bikaner.
14.      The Principal Medical Officer, District Hospital Nokha,
         Bikaner.
                                                                      ----Respondents


For Petitioner(s)               :     Mr. S.K. Verma
                                      Mr. Mrinal Khatri
For Respondent(s)               :     Mr. N.S. Rajpurohit, AAG assisted by
                                      Mr. Sher Singh Rathore



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

01/07/2025

1. Heard learned counsel for the petitioners.

2. Learned counsel for the petitioners submits 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

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Rajasthan & Ors.) decided on 30.07.2024 in the following

terms:-

"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, 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,

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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 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

grievances.

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

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weeks from the date of receipt of such representation, keeping in