Rajasthan High Court - Jodhpur

Khema Ram Bhakar vs State Of Rajsthan (2025:Rj-Jd:47747) on 7 November, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:47747]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                            JODHPUR
             S.B. Civil Writ Petition No. 4705/2018

1.       Madhu Meena W/o Shri Babu Lal Meena, Resident Of
         Kherwada, Udaipur, Rajasthan
2.       Tara Patel W/o Shri Ramesh Patel, Resident Of Patel
         Wada, Naya Gaon, Tehsil Khairwada, District Udaipur
3.       Amar Chand Yadav S/o Shri Gopi Ram Yadav, Resident Of
         Dhani Brijuwala Ganv, Udawala, Ghasipura, Udaipur
4.       Chanchal Parihar W/o Shri Mahesh, Resident Of 968,
         Maliyo Ke Mandir Wali Gali, Audichywada, Bedia, Udaipur.
5.       Smt. Jyoti Kumawat W/o Shri Umesh Kumawat, Resident
         Of T.b. Hospital, Quarter No.6, Udaipur.
6.       Leela Teli W/o Shri Bhagwati Lal Teli, Resident Of Bujhda,
         Bujra, Bujhra, Udaipur.
7.       Priamol A.p. W/o Shri Vinod K.p, Resident Of 2/164,
         R.h.b. Colony, Meera Nagar, Bhuwana, Udaipur.
8.       Smt. Sharda W/o Shri Tejkaran, Resident Of 210, Khara
         Kuwa, Udaipur
9.       Anjana Bhoi W/o Shri Govind Kumar, Resident Of 4-D,
         Shiv Park, Colony, Near M.b. College, Udaipur Raj.
10.      Smt. Sudha Gushar W/o Shri Rakesh Chouhan, Resident
         Of H.no. H-8, Gandhi Nagar, Gandhiji K. Murti K. Pas,
         Mulla Talai, Udaipur Shastri Circle, Udaipur.
11.      Smt. Usha Padwal D/o Shri Moti Singh Padwal, Resident
         Of H.no. 328, L-1 Road, Bhupalpura, Shastri Circle,
         Udaipur Shastri Circle, 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
                            Connected With
                S.B. Civil Writ Petition No. 3131/2018
1.       Lalit Kumar S/o Shri Om Prakash, Resident Of 65, Vishal
         Nagar, Jhalamand, Jodhpur
2.       Smt. Shyama W/o Shri Mukesh Chouhan, Resident Of E-
         146, Hudko Quarter, Kamla Nehru Nagar, Jodhpur.
3.       Smt. Sumitra Choudhary W/o Shri Pukh Raj, Resident Of
         Kalirana Jata Bas, Nandiya Prabhawati Jodhpur
4.       Chandra Choudhary W/o Shri Jetha Ram Choudhary,
         Resident Of 8-A-1, Pal Road, Sita Ram Nagar, Jodhpur.
5.       Pritima Goyal W/o Shri Prakash Chandra Goyal, Resident
         Of H.no. E-476, Kamla Nehru Nagar, Hudko Quarter,
         Jodhpur.
6.       Rekha Solanki D/o Shri Mohan Lal Solanki, Resident Of
         Plot No. 75, Rekha Sadan, Subhash Colony, Gali No. 5,
         Bhagat Ki Kothi, Jodhpur.
7.       Asha Kiran D/o Shri Kapileshwar Sahay, Resident Of 40B,
         Gali No. 4, Shakti Colony, Ratanada, Jodhpur
8.       Deepika Panwar W/o Shri Radheshyam Panwar Mali,
         Resident Of Nagoriyo Ka Bass, Gali No. 1, Jodhpur.
9.       Anju Agarwal W/o Shri Sunil Agarwal, Resident Of Sunaro


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         Ki Ghati, Near Jagdish Temple, Mirchi Baar, Jodhpur.
                                                       ----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 Director, Medical And Health Services, Zone, Jodhpur.
4.       The Chief Medical And Health Officer, Jodhpur.
                                                    ----Respondents
                S.B. Civil Writ Petition No. 3132/2018
1.       Roopa Ram S/o Shri Adu Ram Mali, By Caste Mali,
         Resident Of Love Bhawan, Nagauri Bera, Mandore,
         Jodhpur.
2.       Sayra W/o Shri Jamir Gajdar, Resident Of Sojti Gate Ke
         Andar, Medti Silawato Ka Bas, Jodhpur.
3.       Rajni Soni D/o Shri Dhanraj Soni, Resident Of Plot No. 33,
         In Front Of Bhatti Ki Bawdi, Chopasni Road, Jodhpur
4.       Snehlata Choudhary W/o Shri Rajendra Choudhary,
         Resident Of Mandore, 60 Balsamand Mandore, Jodhpur.
5.       Sharmila W/o Roopa Ram Sankhla, Resident Of Love
         Bhawan, Nagauri Bera, Mandore, Jodhpur
6.       Mamraj Vishnoi S/o Gordhan Ram, Resident Of Janki
         Nagar, Khasra No. 124/1, Chopasni Jodhpur
7.       Neeti Sankhla W/o Shri Chain Singh, Resident Of Plot No.
         7, Patel Nagar, Khasra No. 170/2, Near Thar Dry Port,
         Behind Santosh Nagar, Barmer Road, Pall, Rural, Jodhpur
8.       Meenakshi Vyas W/o Shri Sanjay Vyas, Resident Of Raj
         Vyas House, Bhomji Ka Mohalla, Jodhpur.
9.       Krishna Sonanki D/o Shri Mohan Lal Solanki, Resident Of
         Gali No. 3, Jaloria Ka Bas, Jodhpur
10.      Sarita Choudhary W/o Roopa Ram Choudhary, Resident
         Of 128, Ram Nagar, Near Rto, Bjs, Jodhpur
11.      Smt. Lalita Gehlot W/o Dharam Singh Gehlot, Resident Of
         Khokhariya Bera, Near Mandawata School, Jodhpur.
12.      Hemlata W/o Shri Jitendra, Resident Of Sector- C/75,
         Pratap Nagar, Jodhpur Rajasthan.
                                                       ----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 Joint Director, Medical And Health Services, Zone,
         Jodhpur.
4.       The Chief Medical And Health Officer, Jodhpur.
5.       The Principal, S.n. Medical College, Jodhpur.
                                                    ----Respondents
                S.B. Civil Writ Petition No. 4294/2018
1.       Tripti Sharma W/o Shri Sandeep Menariya, Resident Of
         99, Central Area, Hiran Magri, Saweena Rural Udaipur.
2.       Anita Katara W/o Shri Ashok Kumar Meena, Resident Of
         15, Shri Ram Colony, Banjariya, Tehsil Kherwada, District
         Udaipur.
3.       Smt. Rekha W/o Shri Ravindra Soni, Resident Of 111,
         Moti Chohtta, Roop Kumari Mehata Ki Haweli,

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         Ghantaghar, Hathipol, Udaipur.
4.       Shilpi Austin W/o Shri Vishal David, Resident Of Flat No.
         544, Tower 5, Treasure Vihar, Landmark Treasure Town,
         Bargaon Rural, Udaipur.
5.       Raj Kumari Salvi W/o Shri Giriraj Salvi, Resident Of 83,
         Central Area, Udaipur.
6.       Shahida Parveen W/o Shri Ashfaq Ahmad Shaikh,
         Resident Of 85, Arihant Nagar, Sector 12, Savina, Udaipur
         Shastri Circle, Udaipur.
7.       Ceemol M.r. W/o Shri Shainoj Kumar, Resident Of Flat No.
         B-205, Aristo Enclave, Behind Celebration Mall, Bhuwana,
         Udaipur.
8.       Siya Dulari D/o Chhagan Singh Rajput, R/o 460, A-Block,
         Near Government Dispensary, Chitrakut Nagar, Bhuwana,
         Udaipur.
9.       Noorjahan Begum Mansoori W/o Shri Harun Mohammed
         Pinara, Resident Of 272, 80-Feet Road, B-Block, Sajjan
         Nagar, Girwa, Udaipur Shastri Circle, 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.
                                                     ----Respondents
                 S.B. Civil Writ Petition No. 4394/2018
1.       Suresh Kumar S/o Shri Mansukh Roy, Resident Of Kalori
         Churu.
2.       Sonia Lobo W/o Shri Nitin Joseph Lobo, Resident Of Air
         Force Road, 17-C, Saldana Sadan, Street No.2, Sher
         Villas, Jodhpur.
3.       Vimla Devi Patel W/o Kishore Patel, Resident Of 380, Milk
         Man Colony, Jodhpur.
4.       Rajudas S/o Shri Hansram Vaishnav, Resident Of 39, Veer
         Hanuman Nagar, Pali.
5.       Surendra Miya S/o Shri Misa Ram, Resident Of Kuchera,
         Nagaur.
6.       Mahaveer Singh S/o Shri Ram Niwas Choudhary, Resident
         Of Post Aseli-A, Tehsil Merta City, Nagaur.
7.       Pramod Kumar Tank S/o Shri Shankar Lal, Resident Of
         Ward No. 5, Kanwat, Kanwat Town, Sikar.
8.       Hitesh Upadhyay S/o Shri Ganga Ram, H.no. 374, Tehsil,
         Sagwada, Doongarpur.
9.       Monika Jain W/o Shri Kalpesh Kumar Jain, Ward No. 12,
         Gopal Chowk, Mukam Post Saroda, Doongarpur.
                                                       ----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, Sikar.
4.       The Chief Medical And Health Office, Churu.
5.       The Chief Medical And Health Office, Jodhpur.
6.       The Chief Medical And Health Officer, Pali.


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7.       The Chief Medical And Health Office, Nagaur.
8.       The Chief Medical And Health Office, Doongarpur.
                                                     ----Respondents
                 S.B. Civil Writ Petition No. 4663/2018
1.       Meena Vaishnav D/o Shri Bheem Das, Resident Of
         Choudhariyon Ka Bas, Daylana Kala, Pali
2.       Surta Damor W/o Shri Baksu Ram, Resident Of Ward No.
         16, Vilwa Pada, Ghatol, Banswara.
3.       Anita W/o Krus Loyal, Resident Of 7-P-42, South
         Extension, Housing Board, Bikaner.
4.       Madhu Ojha W/o Shri Mahendra Kumar, Resident Of 46,
         Sunano Ka Bas, Sojat, Pali
5.       Tasmin D/o Abdul Aziz Khan, Resident Of Sindhi Bazar,
         Marwar Junction, Pali
6.       Deva Ram S/o Shri Bheekha Ram, Resident Of Pradhano
         Ka Bas, Nimaj Pali
7.       Madan Lal S/o Dala Ram Dhawal, Resident Of Holi Chok
         Bisalpur, Bali , Pali
8.       Suman Kumari D/o Bhanwar Lal, Resident Of 88, Veer
         Durga Das Nagar, Pali Marwar
9.       Mrs. Anand Joshi W/o Vishesh Joshi, Resident Of Ward
         No. 5, Near Deo Office, Gari No. 1, 445/b Rati Talai,
         Banswara
10.      Harita Rawat W/o Shri Bhar Singh Rawat, Resident Of
         Mukam Post Jadi Kalinjara, Kushalgarh, Banswara.
11.      Lina Bhatiya D/o Shri Sohan Lal Bhatiya, Resident Of
         Bijalpur Haliya, Ward No. 08, Godwada Narang,
         Banswara.
                                                       ----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, Pali,
4.       The Chief Medical And Health Officer, Banswara.
5.       The Chief Medical And Health Officer, Bikaner.
                                                     ----Respondents
                 S.B. Civil Writ Petition No. 4738/2018
1.       Pramod Ashiya S/o Shri Mool Dan Ashiya, Resident Of
         Behind Mik Dairy, Balotra Rural, Barmer.
2.       Mrs. Kiran Gehlot W/o Shri Raj Kumar Mittal, Resident Of
         Ad-42, Mahaveer Nagar, Barmer, Rajasthan.
3.       Pawan Kumar S/o Shri Magana Ram, Resident Of Indira
         Nagar, Barmer.
4.       Liji Joseph W/o Shri Biju Raj Augustin, Resident Of Dharm
         Kante Ke Samne, Balotra, Barmer.
5.       Mahendra Pal S/o Shri Hetu Dan, Resident Of Panghat
         Road, Vishwakarma Bas, Barmer.
6.       Bhanwar Lal Nagarchi S/o Shri Jagannath Lal Nagarchi,
         Resident Of Kotdi Ka Dhana, Raj Samand Bilota,
         Rajasthan.
7.       Susan Thomas W/o Mathew John, Resident Of University
         Road, 16, Abhinandan Complex, Keshav Nagar Ward No
         18, Fatehpur, Rajsamand, Rajasthan.


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                                                                    ----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, Barmer.
4.     The Chief Medical And Health Officer, Raj Samand.
                                                   ----Respondents
               S.B. Civil Writ Petition No. 9109/2018
Khema Ram Bhakar S/o Shri Gigaram Bhakhar, Aged About 44
Years, Village And Post Kalwa, Tehsil Makrana, District Nagaur.
                                                       ----Petitioner
                                Versus
1.     State Of Rajsthan, 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, Nagaur.
                                                   ----Respondents


For Petitioner(s)            :     Mr. Ojas Gupta
For Respondent(s)            :     Mr. Tanuj Jain



                HON'BLE MR. JUSTICE FARJAND ALI

Order

07/11/2025

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

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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.

(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

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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 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

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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."

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

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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