Rajasthan High Court - Jodhpur

Hina Kosar And Ors vs State Of Rajasthan And Ors. ... on 6 November, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:47634]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 4682/2018

1.       Hina Kosar W/o Shri Mohsin Ahmed, Resident Of H.no.
         20, Avada Chowk Near Dholi Bawari, Inside Delhi Gate,
         Udaipur Shastri Circle, Udaipur.
2.       Mrs. Sudha Sharma W/o Shri Hemendra Solanki, Resident
         Of 17, Jytho Ki Gali, Outside Chandpole, Girwa, Udaipur.
3.       Mrs. Vandana Upadhyay W/o Shri Rajendra Prasad Joshi,
         Resident Of 2/33, Rajasthan Housing Board Colony,
         Pratap Nagar, Opp. G.s. Motors, Udaipur.
4.       Anita Nair W/o Shri K.p. Baburaj, Resident Of 117/118,
         Gandhi Nagar, Kalka Mata Road, Udaipur, Udaipur.
5.       Hemlatha Shah W/o Anklesh Gadiya, Resident Of 26,
         Kumharwada,       Data      Bheru,       Bhandari       House,    Girwa,
         Udaipur, Shastri Circle, Udaipur.
6.       Surekha Gaur D/o Shri Chatar Singh Gaur, Resident Of
         7/2056, Gaj Singh Ji Ki Bari, Near Royal Garden, Udaipur.
7.       Mrs. Rekha Sharma W/o Shri Arun Kumar Sharma,
         Resident Of 84, Chandpole Barighat Girwa, Udaipur,
         Shastri Circle, Udaipur.
8.       Manju S W/o Shri Ajit Kumar, Resident Of 3-A, Shree
         Parshwanath Bhawan, Adarsh Nagar, University Road,
         Udaipur, Shastri Circle, Udaipur.
9.       Sarita Sen W/o         Shri     Sunil Sen, Resident Of              333,
         Chanakyapuri, Hiran Magri, Sector-4, Manwa Khera Rural,
         Udaipur.
10.      Suma Ravi W/o Shri Animori N., Resident Of 342-D, Road
         No. 10, Ashok Nagar, Girva, Udaipur.
11.      Sheela Parihar W/o Shri Anil Kumar Sen, Resident Of 451
         Roshan Nagar, Savina, Hiran Magri, Sector 12, Udaipur.
                                                                   ----Petitioners
                                    Versus
1.       The State Of Rajasthan Through The Secretary, Medical
         And Health Department, Secretariat, Jaipur Rajasthan.
2.       The Director, Medical And Health Services, Jaipur.
3.       The Chief Medical And Health Officer, Udaipur Rajasthan.
                                                                 ----Respondents


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For Petitioner(s)            :     Mr. Manoj Bhandari, Sr. Advocate with
                                   Mr. Ojas Gupta
For Respondent(s)            :     Mr. Mukesh Dave, GC
                                   Mr. Tanuj Jain



                HON'BLE MR. JUSTICE FARJAND ALI

Order

06/11/2025

1. By way of filing the instant writ petitions, the petitioners

have made the following prayers:-

"(i) By an appropriate writ, order or direction, the respondents be directed to confer the benefits and grant fixation of their salary of Selection Grades after completion of 9, 18 and 27 years of service in the upgraded pay scales counting their services w.e.f. the date of their initial appointment with all consequential benefits including arrears of salary.

(ii) By an appropriate writ, order or direction, the respondents be directed to count the services of the petitioners rendered by them as Nurse Gr.II in the same department under the Rules of 1965 for all purposes including pension, seniority, gratuity, commutation of leave etc. and to confer them all the benefits accruing from the past services rendered by them in the department of Medical and Health as Nurse Grade II under the Rules of 1965.

(iii) Any other appropriate order or direction which this Hon'ble Court may deem fit just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

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(iv) Costs of the writ petition may kindly be awarded to the petitioner."

2. Indisputedly the petitioners' recruitment process got

commenced with the advertisement dated 31.07.2003 (in S.B.

Civil Writ Petition No. 4670/2018) & the advertisement dated

27.02.1996 (in S.B. Civil Writ Petition No. 4675/2018) issued by

the respondent department. The controversy and principal issue

involved in this case has already been dealt with by a Division

Bench of this Court in D.B. Civil Special Appeal (Writ)

No.380/2016 titled as State of Rajasthan & Ors. Vs. Dr.

Dinesh Kumar Soni and it is apprised to this court that an SLP

as well as review in the SLP against the order above have been

dismissed. Observing all those things in a judgment rendered in a

batch of Special Appeal Writs led by D.B. Spl. Appl. Writ

No.532/2016 (The State of Rajasthan & Ors. vs. Dr.

Paritosh Ujjwal & Ors.), Hon'ble the Division Bench while

considering the nature of appointment, existence of cadre, post

upon which appointment was made and upon making observance

on following up the entire procedure, i.e., inviting of applications

etc., dismissed the appeals filed by the State. In Dr. Paritosh

Ujjwal (supra), the Division Bench while dealing with akin facts,

while relying upon the Apex Court judgment in the case of Jaggo

v. Union of India & Ors.; (2024) SCC ONLINE SC 3836,

observed as under:-

"25. Though appellants has taken conflicting stands as to the writ petitioner being engaged on contractual or urgent temporary engagement or ad-hoc basis, the fact is that the writ petitioner performed the duties which was integral to the post of medical officer and

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their long standing services was under the direct supervision of the Government Department. Not only this, the grant of pay-scales and other allowances which is payable to the post in hand further fortify the stand that the writ petitioner was simply labeled as temporary but they was discharging the regular duties and was working against the sanctioned posts."

11. Therein, the Division Bench concluded as under:-

"28. Another consideration which is weighing in our mind is that against the same impugned order an appeal filed by the State Government being D.B. Civil Special Appeal (Writ) No.380 of 2016 titled "State of Rajasthan & Ors. v. Dr. Dinesh Kumar Soni" has already been dismissed, though on the ground of limitation and SLP as well as review in the SLP has been dismissed. We is not inclined to take a different view in the present case. In the present cases, the appointments was against the vacant posts and after undertaking the selection process, though not by the Commission but by a Screening Committee, the same was having all the trappings of regular recruitment, inasmuch as, the writ petitioner was held entitled for regular pay- scales, increments and all other allowances which is clear from the appointment order itself. Thus, the denial of the tenure of service undertaken by the petitioner pursuant to the appointment order dated 28th November 1996 is not all justified and the learned Single Judge has rightly considered all the aspects of the matter while allowing the writ petition filed by the petitioner."

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3. The Division Bench vide the above order, affirmed the

following order of the learned Single Judge passed in S.B. Civil

Writ Petition No.9582/2008; Dr. Paritosh Ujjwal Vs. State

of Rajasthan & Ors. (decided on 12.02.2014):

"7. Consequently, these writ petition is allowed with a direction to the State Government to grant the benefit of continuity of service to the petitioner and the period of service rendered earlier, may be reckoned from the initial date of appointment for all purposes since the new 2008 Rules now stand repealed w.e.f. 03.01.2012 and in the saving clause of the said Notification, it is clearly provided that the appointments, orders and anything done under the said Rules of 2008 shall be deemed to has been made in the provisions of Rajasthan Medical & Health Service Rules, 1963.

8. The writ petition is, accordingly, allowed with aforesaid observations and directions. No costs. A copy of the order be sent to the concerned parties forthwith."

4. The submission of the learned counsel for the State that in

the case of Dr. Paritosh Ujjwal (supra), a Selection Committee

had been constituted for the purpose of recruitment of the

petitioners therein, whereas in the present case, the aspirants

were merely allowed through the advertisement to drop their

relevant papers in the boxes installed, does not carry much

substance. I am of the view that in the case of petitioners also,

the entire selection process was followed up in accordance with

the procedure established by law. The issue involved in this case

has adequately been answered and thus the petitioners too

deserve to get the same treatment as has been given in the case

of Dr. Paritosh Ujjwal (supra). Hence, I am of the view that the