Citation : 2025 Latest Caselaw 10040 Raj
Judgement Date : 21 May, 2025
[2025:RJ-JD:24648]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6409/2025
Arjun Kumar S/o Shri Mansha Ram, Aged About 26 Years, R/o
Dodiyali, District Jalore, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Social Justice And
Empowerment Department, Government Of Rajasthan,
Jaipur.
2. Director, Social Justice And Empowerment Department,
Government Of Rajasthan, Jaipur.
3. Assistant Director, Child Rights Department, Jalore,
Rajasthan.
4. The Superintendent, State Observation And Juvenile
Home Child Rights Department, District Jalore.
----Respondents
Connected With
S.B. Civil Writ Petition No. 6842/2025
Shahid Ali S/o Shri Shaukat Ali, Aged About 50 Years, Resident
Of Meena Ka Mohalla, Outside Lal Pole, District Jalore, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Social Justice And
Empowerment Department, Government Of Rajasthan,
Jaipur.
2. Director, Social Justice And Empowerment Department,
Government Of Rajasthan, Jaipur.
3. Assistant Director, Social Justice And Empowerment
Department, Jalore, Rajasthan.
4. Hostel Superintendent, Dr. Bhim Rao Ambedkar
Government Hostel, Social Justice And Empowerment
Department, Arnaya, District Jalore.
----Respondents
For Petitioner(s) : Mr. Rishabh Tayal
Mr. Jitendra Choudhary.
For Respondent(s) : Dr. Praveen Khandelwal, AAG assisted
by Ms. Yashvi Khandelwal
Mr. Sunil Dutt Chhavariya.
(Downloaded on 21/05/2025 at 06:46:47 PM)
[2025:RJ-JD:24648] (2 of 3) [CW-6409/2025]
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 21/05/2025
1. Heard learned counsel for the parties.
2. Learned counsel for the respondents submits that in the
identical situation, a writ petition in the case of Satya Narayan
Dhakar V/s The State of Rajasthan & Ors. (S.B. Civil Writ
Petition No.18038/2024) has been dismissed by the Coordinate
Bench of this Court vide order dated 04.11.2024. He further
submits that the order passed by the learned Single Judge has
been affirmed by the Hon'ble Division Bench in D.B. Special
Appeal (Writ) No.206/2025 (Satya Narayan Dhakar V/s
The State of Rajasthan & Ors.) vide order dated 27.02.2025.
He, therefore, prays that the interim order passed in the present
cases may be vacated.
3. Learned counsel for the petitioners though tried to oppose
the submissions made by the learned counsel for the respondents,
however, he is not in a position to refute the submission that the
petitioners have been engaged through placement agency and,
therefore, as per the judgment of the Hon'ble Division Bench of
this Court, there is no privity of contract between the petitioners
and the State.
4. At this stage, learned counsel for the petitioners submits that
the petitioners may be given liberty to approach the respondents
by way of filing an appropriate representation to consider their
engagement as per the Rajasthan Contractual Hiring Rules, 2022.
5. Learned counsel for the respondents submits that in case
such representation is filed by the petitioners, the same shall be
considered and decided in accordance with law.
[2025:RJ-JD:24648] (3 of 3) [CW-6409/2025]
6. In view of the discussions made above, the present writ
petitions are dismissed with liberty to the petitioners to approach
the respondents by way of filing an appropriate representation for
considering their engagement under the Rajasthan Contractual
Hiring Rules, 2022. In case such representation is filed by the
petitioners, the respondents shall consider and decide the same
expeditiously, in accordance with law.
(VINIT KUMAR MATHUR),J 55-56-Shahenshah/-
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