Rajasthan High Court - Jodhpur
Ajay Singh And Ors vs State And Ors (2025:Rj-Jd:29472) on 8 July, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:29472]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11268/2016
1. Ajay Singh s/o Shri Prem Singh, aged 42 years, resident of
Bada Bera, Mandore, Jodhpur.
2. Laxman Singh s/o Shri Sohan Singh, resident of - Laxman
Nagar 'A', Banar Road, Jodhpur.
3. Ajay Kumar s/o Shri Govind Prasad Sharma, resident of -Near
Phoolbagh School, Phoolbagh, Mandore, Jodhpur.
4. Narendra Pal Singh s/o Shri Onar Singh, resident of - 487,
Mohan Nagar-B, BJS Colony, Jodhpur.
5. Narendra Kumar s/o Shri Budh Singh, resident of Panchwati
Colony, Ratanada, Jodhpur.
6. Jaswant Bhati s/o Shri Banshi Lal Bhati, resident of - Raika
Bera, Mangra Punjla, Jodhpur.
7. Smt. Pratibha Kachhawa w/o Shri Kuldeep Gehlot, resident of
Near Phoolbagh School, Phoolbagh, Mandore, Jodhpur.
8. Smt. Khushboo w/o Shri Dharm Singh, resident of - Nagori
Bera, Jodhpur.
9. Mahaveer Singh s/o Jagdish Singh, resident of Bada Bera,
Mandore, Jodhpur.
10. Jitendra Kumar s/o Manik Lal, resident of Amar Chowk, Girdi
Kot, Jodhpur.
11. Smt. Garima Choudhary w/o Manish Choudhary, resident of
Jwala Vihar, Jodhpur.
12. Ram Niwas Choudhary s/o Baga Ram, resident of House
No.51, Parshwanath Nagar-I, Bhadwasiya, Jodhpur.
13. Mohit Dadhich s/o Shri Narpat Raj, resident of - House
No.50, Jakhar Bhawan, Parshwanath Nagar-I, Bhadwasiya,
Jodhpur.
14. Shaym Sunder Gehlot s/o Shri Mangla Ram Gehlot, resident
of Chanakya Nagar, Lal Sagar, Jodhpur.
15. Narendra Choudhary s/o Shri Poona Ram, resident of Village
Bilara, District Jodhpur.
16. Deepesh Bhootra s/o Shri Amarchand Bhootra, resident of -
Lohiya Street, Punal Pada, Jodhpur.
17. Ashok Naval s/o Shri Narsingh Lal, resident of 588, Maderna
Colony, Bhadwasiya, Jodhpur.
18. Mohd. Ameen s/o Shri Mohd. Sharif, resident of Mahawaton
Ki Masjid, Jodhpur.
19. Sangeet Vyas s/o Shri Srivallabh Vyas, resident of 23/299,
Chopasni Housing Board, Pal Road, Jodhpur.
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[2025:RJ-JD:29472] (2 of 4) [CW-11268/2016]
----Petitioner
Versus
1.The State of Rajasthan through the Principal Secretary,
Finance Department (Rules Division), Government of Rajasthan,
Jaipur.
2.The Principal Secretary, Medical & Health Services,
Government of Rajasthan, Jaipur.
3.The Director, Medical & Health Services, Directorate of Medical
& Health Services, Government of Rajasthan,
Jaipur.
----Respondent
For Petitioner(s) : Mr. Sher Singh Rathore for
Mr. Narendra Singh Rajpurohit
For Respondent(s) : Ms. Anjana Jawa, AGC
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
08/07/2025
Learned counsel for the petitioner`s submits that the
controversy involved in the instant writ petition stands resolved in
view of the adjudication made by a Division Bench of this Court at
Jaipur Bench in DB Civil Writ Petition No.2963/2007 (Gopal
Kumawat Vs. State of Rajasthan & Ors.), decided on 29th July,
2015, holding thus :
"32. In the present case, no material has been placed
before us, nor any plea has been taken in the reply
that the probationers, during the period of their
probation, do not perform the same duties and
responsibilities and are not required to carry out the
same functions as confirmed employees.
33. We find the practice of payment of fixed
remuneration without any allowances and benefit of
[2025:RJ-JD:29472] (3 of 4) [CW-11268/2016]
increments to the probationers, who were appointed
after adopting the regular selection process, on
substantive posts, or even after following the
selection process on ad hoc basis, as well as all those
employees who are appointed on substantive posts,
to be wholly illegal and arbitrary, and pernicious
practice of forced labour.
34. We find no justification for the State Government,
to adopt the practice of paying fixed remuneration to
the probationers, which is not prevalent, either in the
Central Government, or in any other States in the
country. The Government of Rajasthan has adopted
this evil practice of forced labour for its employees,
taking advantage of the attraction of the Government
service. The Notifications dated 13.03.2006,
amending the Rules, are thus, declared to be
unconstitutional, being violative of Article 14, 16, 21,
23 and 38 of the Constitution of India, and against
the conscience of the Constitution of India.
35. The writ petition is allowed. The Notification dated
13.03.2006, amending the Rajasthan Service Rules,
1951, and the Notification of the same date i.e.
13.03.2006, amending the Rajasthan Civil
Services(Revised Pay Scale) Rules, 1998- Fixed
remuneration to probationer trainees, are hereby
quashed. The State-respondents are directed to pay
the entire differential amount of regular pay scale and
allowances to the petitioner, after deducting the
amount of fixed remuneration paid to him during the
period of probation."
In case, the claim of the petitioners is found to be covered
by the adjudication referred to hereinabove; the petitioners be
also allowed the same benefits.
[2025:RJ-JD:29472] (4 of 4) [CW-11268/2016]
Needless to observe that the rights of the parties would be
governed by the final adjudication on SLP pending before the Apex
Court of the land wherein judgment in the case of Gopal Kumawat
(supra), is under challenge.
In the result, the writ petition is disposed of in the light of
the judgment of the Division Bench of this Court dated 29 th July,
2015, in the case of Gopal Kumawat (supra).
Accordingly, the petitioner is entitled to full salary for the
period of probation; subject to adjudication on the SLP pending
before the Apex Court of the land which would govern the rights of
the parties.
Before conferring actual benefits, it shall be required of the
respondents to procure an undertaking from the petitioners to the
effect that their rights/entitlements shall be subservient to the
fate of the SLP pending before Hon'ble the Supreme Court and in
case the Division Bench is reversed or modified in any manner, he
shall be liable for restitution of any benefits/emoluments so
received.
(VINIT KUMAR MATHUR),J
74-SanjayS/-
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