Rajasthan High Court - Jodhpur
Riya Jain vs The State Of Rajasthan ... on 4 November, 2025
[2025:RJ-JD:47345]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 21197/2025
Riya Jain W/o Sh. Rajat Jain, D/o Ramesh Chandra Jain, aged
about 32 Years, R/o 148, Azad Nagar, Gali No. 4, New Colony,
Dungarpur (Raj.)
----Petitioner
Versus
1. The State of Rajasthan, through Principal Secretary,
Department of Medical, Health and Family Welfare
(Group-2), Government of Rajasthan, Secretariat, Jaipur
(Raj.).
2. The Director, Medical and Health Services, Government of
Rajasthan, Swasthya Bhawan, Jaipur (Raj.).
3. The Chief Medical and Health Officer, District Dungarpur
(Raj.).
4. The Block Chief Medical Officer, Dungarpur (Raj.).
----Respondents
For Petitioner(s) : Mr. Varda Ram Choudhary
For Respondent(s) : Mr. Tanuj Jain for
Mr. Mukesh Dave, AGC
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
04/11/2025
1. Heard.
2. Learned counsel for the petitioner submits that the
controversy involved in the present case is squarely covered by a
judgment rendered by the Coordinate Bench of this Court in S.B.
Civil Writ Petition No.12243/2024 (Shruti Moyal & Ors. Vs.
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:-
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[2025:RJ-JD:47345] (2 of 3) [CW-21197/2025]
"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 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
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[2025:RJ-JD:47345] (3 of 3) [CW-21197/2025]
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
postavailable, 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. In light of the above judgment in the case of Shruti Moyal
& Ors. (supra), the present writ petition is also disposed of with
a direction to the Chief Medical & Health Officer, District
Dungarpur (Raj.) to ascertain the number of vacancies available
within his jurisdiction and if he desire to take the service of the
petitioner on the post available, priority shall be given to the
person who are removed on account of regular appointment based
on their length of service and seniority, till the regularly selected
candidates are available with the respondent-Department.
(MUNNURI LAXMAN),J
179-Dharmendra Rakhecha/-
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