Sarju Devi vs State Of Rajasthan (2025:Rj-Jd:14297)
2025 Latest Caselaw 8981 Raj

Rajasthan High Court - Jodhpur

Sarju Devi vs State Of Rajasthan (2025:Rj-Jd:14297) on 18 March, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2025:RJ-JD:14297]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4502/2025

1. Sarju Devi W/o Rajendra Kumar D/o Bagada Ram, Aged About 27 Years, C/o Rajendra Kumar, Sinla, Baloonda, District Pali, Rajasthan Presently Working As Cook In Office Of D.r B.r. Ambedkar Government Hostel, Sojat City, District Pali, Rajasthan.

2. Kusum W/o Champa Lal, Aged About 43 Years, Meghwalon Ka Bas, Kharchi, District Pali, Rajasthan Presently Working As Cook In Office Of D.r B.r. Ambedkar Government Hostel, Marwar Junction, District Pali, Rajasthan.

3. Mahendra Singh Rajpurohit S/o Mohan Singh Rajpurohit, Aged About 27 Years, Botiyo Ka Bas, Kherwa, Po Khairwa, District Pali Rajasthan Presently Working As Watchman In Office Of D.r B.r. Ambedkar Government Hostel, Marwar Junction, District Pali, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary Social Welfare Department, Jaipur, Rajasthan.

2. The Director, Social Welfare Department, Jaipur, Rajasthan.

3. The Assistant Director, Social Welfare Department, Pali, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Yashpal Singh For Respondent(s) : Ms. Yashvi Khandelwal for Mr. Praveen Khandelwal, AAG

JUSTICE DINESH MEHTA

Order

18/03/2025

1. Admittedly, the petitioners have been engaged through a

placement agency as has been stated in para No.5 of the memo of

the writ petition.

2. Ms. Yashvi Khandelwal, learned counsel appearing for the

State invited Court's attention towards the judgment dated

[2025:RJ-JD:14297] (2 of 2) [CW-4502/2025]

10.05.2023 passed by this Court in a bunch of writ petitions led by

Om Prakash Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition

No.15081/2021 and the judgment dated 15.05.2024 passed by

Division Bench of this Court in the case of Anusuchit Janjati

Chatravas Sanvida Karamchari Sangh Vs. State of Rajasthan &

Ors. : D.B. Special Appeal Writ No.243/2024 and contended that

the persons working through placement agency cannot claim

benefit of minimum of the pay scale.

3. Having heard learned counsel for the parties, this Court is of

the considered opinion that since the petitioners are working

through a placement agency, who have been given contract by the

respondents to supply of man power, they would be governed by

the terms of the contract which they are having with the

placement agency.

4. Since there is no direct employer-employee relationship, the

petitioners cannot claim minimum of the pay scale as has been

given in the bunch of writ petitions led by Anokh Bai Vs. State of

Rajasthan & Ors. : S.B. Civil Writ Petition No.372/2013, decided

by co-ordinate Bench of this Court on 25.04.2017.

5. That apart, the placement agency, which has not been

impleaded as a party cannot be compelled to pay the amount

payable to a Government servant.

6. The present writ petition is, therefore, dismissed.

7. The stay application also stands dismissed, accordingly.

(DINESH MEHTA),J 6-akansha/-

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