Rajasthan High Court - Jodhpur

Asma Bano vs State Of Rajasthan (2025:Rj-Jd:11630) on 3 March, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2025:RJ-JD:11630]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 4983/2025

1. Asma Bano D/o Mohammed Irfan Khan, Aged About 35 Years, Resident Of Pani Ki Tanki, Gali No. 2, Makrana, District Nagaur.

2. Vinod Sharma S/o Bhanwar Lal Sharma, Aged About 37 Years, Resident Of Telara, Tehsil Bhinai, District Ajmer.

3. Rajnish Meena S/o Shubh Karan Meena, Aged About 33 Years, Resident Of Village Unkarpura, Ajmer.

4. Hemant Meena S/o Ganga Lahri Meena, Aged About 31 Years, Resident Of Near Chungi Chowki, Ghughara Ghati, Jaipur Road, Ajmer.

5. Mahaveer Prasad Teli S/o Ashok Kumar Teli, Aged About 32 Years, Resident Of Gole Hathi, Sawar, District Ajmer.

6. Hemlata Dayma D/o Prabhu Lal Dayma, Aged About 25 Years, Resident Of Naya Shahar, Kumawat Colony, Kishangarh, District Ajmer.

7. Chhota Chhapola W/o Lokesh Kumar, Aged About 30 Years, Resident Of 413, Talhati Mohalla, Jooniya, Ajmer.

8. Rupali Chhipa D/o Ramesh Chand Chhipa, Aged About 26 Years, Resident Of 36/18, Mundri Mohalla Bhata Gali, Ajmer.

9. Urmila Kumari Meena D/o Prabhu Lal Meena, Aged About 29 Years, Resident Of Kekari, Sadar Bajar, Shokya Ka Kheda, District Ajmer.

10. Neetesh Badeewal S/o Bhanwar Lal, Aged About 26 Years, Resident Of 659, Gali No. 3, Hari Nagar, Lohagal Road, Ajmer.

11. Sabbana Bano D/o Shamasudeen, Aged About 27 Years, Resident Of Jannat Manzil, Azad Nagar, Khanpura Road, Ajmer.

12. Neeraj Tiwari S/o Tejkaran Tiwari, Aged About 30 Years, Resident Of 775/47, Jailor Wali Gali No. 2, Nai Basti Lohakhan, Ajmer.

13. Komal Dhabhai D/o Narendra Dhabhai, Aged About 29 Years, Resident Of Gali No. 18, Kapil Nagar, Subhash Nagar, Ajmer.

14. Ravi Kant Dwivedi S/o Krishan Dev Dwivedi, Aged About 34 Years, Resident Of Ward No. 9, Near Kanya School, Fatehgarh, Ajmer.

15. Rupendra Singh Gour S/o Jabbar Singh, Aged About 29 Years, Resident Of 114, Haveli, Rajputo Ka Mohalla, Arjunpura Jageer, Ajmer.

16. Raghuraj Singh Shekhawat S/o Jagdish Singh Shekhawat, Aged About 25 Years, Resident Of Khera Karmsotan, Ajmer.

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17. Deepika Rawat D/o Gyan Singh Rawat, Aged About 27 Years, Resident Of 263/2 Rawat Market, Nasirabad Road, Ajmer.

18. Pratik Solanki W/o Ramesh Solanki, Aged About 25 Years, Resident Of Lohakhan Police Line, Ajmer.

19. Neha Nusrat Zaid W/o Mohammad Nafees, Aged About 31 Years, Resident Of 273/36, Deshwali Gali, Lohakhan, Ajmer.

20. Arpita David W/o Albinus Alfred, Aged About 34 Years, Resident Of Rc Mission Curch, Mayo Link Road, Near Holi Family Hospital, Ajmer.

21. Arpita Joshi D/o Purshotam Joshi, Aged About 26 Years, Resident Of Salari Gate, Joshi Mohalla, Baghera, Ajmer.

22. Aishwarya Rawat D/o Laxman Singh, Aged About 26 Years, Resident Of 75, Krishna Mill Ki Chali, Labour Colony, Ward No. 5, Beawar, District Ajmer.

23. Narpat Singh Dharmawat S/o Bhawani Singh Dharmawat, Aged About 28 Years, Resident Of Near Thakur Ji Mandir, Khayar, Ajmer.

24. Abhishek Joshi S/o Krishan Gopal Joshi, Aged About 26 Years, Resident Of Charbhuja Mohalla, Sadar Bajar, Bari, Post Bijainagar, District Ajmer.

25. Milan Vaishnav D/o Kailash Chand Vaishnav, Aged About 31 Years, Resident Of 72 Gujro Ka Bas Naya Shahar, Kishangarh, District Ajmer.

26. Krishna Kumari Meena D/o Ramkaran Meena, Aged About 28 Years, Resident Of Village Jeetapura, Tehsil Sawar, District Ajmer.

27. Ranjeet Teli S/o Satya Narayan Teli, Aged About 29 Years, Resident Of Jamola Tehsil Masuda, District Ajmer.

28. Pooja Kumari Dabriya D/o Rajendra Prasad Dabriya, Aged About 27 Years, Resident Of Ramaliya, Tehsil Bhinay, District Ajmer.

29. Shubham Gothwal S/o Gulab Chand, Aged About 30 Years, Resident Of Geeta Provision Store, Indra Nagar, Dhola Bhata, Ajmer.

30. Mukesh Kumar Dhakar S/o Shrawan Lal Dhakar, Aged About 25 Years, Resident Of Jalka Khera, Post Junia, Tehsil Kekari, District Ajmer.

31. Monika Sahu W/o Dinesh Kumar Sahu, Aged About 31 Years, Resident Of Ward No. 08, Naiyo Ka Mohalla, Fatehgarh, District Ajmer.

32. Ashwani Sharma S/o Ratan Lal Sharma, Aged About 28 Years, Resident Of Lakharo Ka Mohalla, Tikawara, District Ajmer.

33. Neelu D/o Bhagirath, Aged About 32 Years, Resident Of 79, Paltan Bazar, Ajmer.

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34. Nirmal Kumar Sharma S/o Kailash Chandra Sharma, Aged About 29 Years, Resident Of Sadar Bajar, Tehsil Masuda, Jaliya-Ii, Ajmer.

35. Kali Devi Gurjar W/o Sanwar Lal, Aged About 37 Years, Resident Of Bari, Ajmer.

36. Mohammad Idris S/o Mohammad Iqbal, Aged About 30 Years, Resident Of Bohara Mohalla, Tantoti, District Ajmer.

37. Girija Lodwal D/o Mahesh Lodwal, Aged About 26 Years, Resident Of 913, Sanjay Nagar, Beawar, District Ajmer.

38. Kajal Meena D/o Jagdish Lal Meena, Aged About 31 Years, Resident Of Meena Colony, Govind Nagar, Ramganj, District Ajmer.

39. Rekha Kumari Meena D/o Kailash Chand Meena, Aged About 33 Years, Resident Of Gaon Kiwada Ka Jhopda, Gordha, Sawar, District Ajmer.

40. Rekha Meena D/o Yad Ram Meena, Aged About 31 Years, Resident Of Para Ka Rasta, Aloli, Ajmer.

----Petitioners

Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Services, Govt. Secretariat, Jaipur.

2. The Additional Director (Admn.), Medical And Health Service, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

3. The Additional Director (Admn.), Rajmess, Directorate Medical And Health Department, Govt. Of Rajasthan, Jaipur.

4. The Joint Director, Medical And Health Services, Ajmer Zone, Ajmer.

5. Principal, Jawahar Lal Nehru Medical College And Controller, Group Of Joint Hospitals, Ajmer.

6. The Chief Medical And Health Officer, Ajmer.

7. The Chief Medical And Health Officer, Bikaner.

8. The Chief Medical And Health Officer, Nagaur.

9. The Chief Medical And Health Officer, Deedwana-

Kuchaman.

10. The Chief Medical And Health Officer, Beawar.

                                                                 ----Respondents



For Petitioner(s)         :     Mr. Foja Ram





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                         JUSTICE DINESH MEHTA

                                         Order

03/03/2025

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.), decided on

30.07.2024.

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

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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, 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

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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

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

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