Rajasthan High Court - Jodhpur
Sandeep Kumar vs The State Of Rajasthan ... on 3 July, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:28581]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12092/2025
Sandeep Kumar S/o Sultan Singh, Aged About 31 Years, R/o
Ward No. 1, Maharana, 8 Mrn, Chhanibari, District Hanumangarh
(Raj.). (Working As Pharmacist At Phc, Sayon Ka Khera, District
Rajsamand - Date Of Joining - 05-08-2022).
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Medical And Health Services, Secretariat,
Jaipur (Raj.).
2. The Director (Public Health), Medical And Health Services,
Rajasthan, Jaipur (Raj.).
3. The Director (Non-Gazetted), Medical, Health And Family
Welfare Department, Swasthya Bhawan, Tilak Marg,
Jaipur (Raj.).
4. The Joint Director, Medical And Health Services, Udaipur
Zone, Udaipur.
5. The Chief Medical And Health Officer, Rajsamand.
6. The Block Chief Medical Officer, Khamnor, District
Rajsamand.
7. The Medical Officer And Incharge, Phc, Sayon Ka Khera,
Block Khamnor, District Rajsamand.
----Respondents
For Petitioner(s) : Mr. Pawan Singh Rathore.
For Respondent(s) : Mr. Narendra Singh Rajpurohit, AAG
with Mr. Sher Singh Rathore.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
03/07/2025
1. Heard.
2. Learned counsel for the petitioner submits that the
controversy involved in the present case is squarely covered by a
[2025:RJ-JD:28581] (2 of 4) [CW-12092/2025]
judgment rendered by this court in S.B. Civil Writ Petition
No.12243/2024 (Shruti Moyal & Ors. V/s State of
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
[2025:RJ-JD:28581] (3 of 4) [CW-12092/2025]
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 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, therefore, prays that the present writ
petition may also be disposed of in the same terms.
4. In view of the judgment rendered by this court in the case of
Shruti Moyal (supra), the present writ petition is also disposed of
with a direction to the concerned Chief Medical & Health Officers of
the concerned District to ascertain the number of vacancies
[2025:RJ-JD:28581] (4 of 4) [CW-12092/2025]
available with them in their jurisdiction and if they desire to take
the services of the petitioner on the post available, the petitioner
may be adjusted or accommodated to serve on those posts till the
regularly selected candidates are available with the respondent-
Department.
5. It is made clear that if the petitioner is not discharging his
duties satisfactorily, the respondents will be free to discharge him
from the employment.
6. 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 petitioner
would be entitled to the relief.
(VINIT KUMAR MATHUR),J
18-Shahenshah/-
Powered by TCPDF (www.tcpdf.org)
