Rajasthan High Court - Jodhpur

Rajesh Meena vs State Of Rajasthan (2025:Rj-Jd:48411) on 11 November, 2025

[2025:RJ-JD:48411]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Writ Petition No. 358/2024

1.       Rajesh Meena S/o Surajmal Meena, Aged About 31 Years,
         R/o W.n. 43, Kumharo Ka Mohalla, Prem Nagar,
         Iindudhyogpuri, Kota, District Kota.
2.       Priyanka Meena D/o Parmanand Meena, Aged About 26
         Years, R/o Near Hanuman Temple, H N 1A 16, Sanjay
         Nagarb, Kota, District Kota.
3.       Sameeulla Khan S/o Hamidulla Khan, Aged About 37
         Years, R/o Adarsh Nursery School Ke Pass Choti Masjid
         Kea Age, Badikarbala, Ladpura, Kota, District Kota.
4.       Dilshad Ali S/o Fayaz Ali, Aged About 46 Years, R/o
         Kunharibapu Colony Urmila School Kesamnekota, District
         Kota.
5.       Brijesh Sen D/o Rajendra Sen, Aged About 26 Years, R/o
         Govind Dham Mandir Ke Pass, Bajrang Basti, Kishorpura,
         Kota, District Kota.
6.       Pooja Kumari D/o Chothmal, Aged About 27 Years, R/o H
         No. 32, Santoshi Nagar, Shiv Mandir Ki Gali, Kota, District
         Kota.
7.       Minakshi Sindel D/o Ramesh Sindel, Aged About 28 Years,
         R/o H N 22/220, Sindelbhawan, Shripura, Kota, Distrit
         Kota.
8.       Israr Ahmed S/o Manjurahmed, Aged About R/o
         Kagjidevra, Near Naru Ki Baowri, Bundi, District Bundi.
9.       Sangita Sharma W/o Sanchin Kumar Sharma, Aged About
         36 Years, R/o Jnear Dps School Kaila Colony, District
         Dholpur (Raj.).
10.      Jogendra Singh S/o Pati Ram, Aged About 36 Years, R/o
         Hansai, Tehsil Bari, District Dholpur (Raj.).
11.      Prashant Kumar S/o Raj Kumar, Aged About 31 Years, R/o
         Gandhi Park Ke Samne Rupbas, District Bharatpur (Raj.).
12.      Poonam Kumari D/o Man Singh, Aged About 38 Years, R/o
         Near Church Bharatpur, District Bharatpur.
13.      Santosh Kumar S/o Prem Singh, Aged About 23 Years, R/
         o Khgeriya Villoch, District Bharatpur (Raj.).
14.      Chokham Dutt Sharma S/o Som Dutt Sharma, Aged
         About 38 Years, R/o Village Post Rasgan, Tehsil
         Mundawar, District Alwar (Raj.).
15.      Minakshi Mishra D/o Mithalesh Mishra, Aged About 26
         Years, R/o Madan Sain Ka Mohalla, Tehsil Thana, District
         Alwar (Raj.).
16.      Aashik Khan S/o Jmalu Khan, Aged About 30 Years, R/o
         Baroli, District Alwar (Raj.).
17.      Mohammad Irfan S/o Abdul Kayum Lodi, Aged About 32
         Years, R/o Plot No. 138, Km Third Ward No. 10, Jodhpur,
         District Jodhpur, Rajasthan.

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18.      Ranveer Singh Choudhary S/o Danaram, Aged About 35
         Years, R/o Khasra No. 107, Ramdev Nagar, Dhapi Marble
         Road, Nandari, Banar, Jodhpur, District Jodhpur,
         Rajasthan.
19.      Gajendra Rao S/o Om Prakash, Aged About 27 Years, R/o
         Juna Gaon, Shikarpura, District Jodhpur, Rajasthan.
20.      Jitendra Gurjar S/o Ratan Lal, Aged About 22 Years, R/o
         Bera Jhalra, Khariya Mithapur, Tehsil Bilara, District
         Jodhpur, Rajasthan.
21.      Sharwan Singh S/o Ajeet Singh, Aged About 32 Years, R/
         o Narwa Khinchiyan, District Jodhpur (Raj.).
22.      Mohsin Akram Chitera S/o Mo. Saeed, Aged About 33
         Years, R/o 12/106 Chopasani Housing Board, Sector 12,
         Jodhpur, District Jodhpur, Rajasthan.
23.      Ved Vikram Lal S/o Bhanwar Lal, Aged About 33 Years, R/
         o Ranak Bhawan Ke Pass, Bhakarwas, District Pali,
         Rajasthan.
24.      Ramnarayan Saini S/o Shimbu Dayal Saini, Aged About
         25 Years, R/o Pratapgarh, Tehsil Thanagazi, District Alwar,
         Rajasthan.
25.      Ashok Kumar Khatik S/o Devilal Khatik, Aged About 43
         Years, R/o Chabdi Chowk, Shanti Nagar Alanpur, District
         Sawaimadhopur, Rajasthan.
                                                                 ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through The Secretary, Department
         Of Local Self Government, Government Of Rajasthan,
         Jaipur, Rajasthan.
2.       The Director And Joint Secretary, Directorate Of Local
         Bodies, Rajasthan, Jaipur, Rajasthan.
3.       The  Municipal    Council,    Dholpur,     Through                  Its
         Commissioner, Municipal Council, Dholpur, Rajasthan.
4.       The  Municipal   Corporation,     Alwar,   Through     Its
         Commissioner, Municipal Corporation, Alwar, Rajasthan.
5.       The  Municipal   Corporation,    Bundi,   Through     Its
         Commissioner, Municipal Corporation, Bundi, Rajasthan.
6.       The Municipal Corporation Kota (North), Through Its
         Commissioner, Municipal Corporation, Kota, Rajasthan.
7.       The Municipal Corporation, Kota (South), Through Its
         Commissioner, Municipal Corporation, Kota Rajasthan.
8.       The Municipal Corporation, Jodhpur (North), Through Its
         Commissioner, Municipal Corporation, Jodhpur, Rajasthan.
9.       The Municipal Corporation, Jodhpur (South), Through Its
         Commissioner, Municipal Corporation, Jodhpur, Rajasthan.
10.      The    Municipal  Council,  Khairtal,     Through     Its
         Commissioner, Municipal Council, Khairtal District Alwar,
         Rajasthan.

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11.      The Nagar Palika, Bari, Through It Executive Officer,
         Nagar Palika, Bari, District Dholpur, Rajasthan.
12.      The Nagar Palika, Rupbas, Through It Executive Officer,
         Nagar Palika, Rupbas, District Bharatpur, Rajasthan.
13.      The Nagar Palika, Lakheri, Through It Executive Officer,
         Nagar Palika, Lakheri, District Bundi, Rajasthan.
                                                                 ----Respondents

For Petitioner(s)         :     Mr. Vikram Singh Bhawla
For Respondent(s)         :     None present


            HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order 11/11/2025

1. The present writ petition has been filed challenging the

action of the respondent authorities for not passing any order on

the representation filed by the petitioners whereunder they have

requested to consider their case for covering the Contractual

Hiring To Civil Posts Rules, 2022 (hereinafter referred to as 'the

Rules of 2022').

2. The case of the petitioners is that the petitioners were

recruited by direct contract through the outsourcing agency and

their case is also covered by the order dated 26.08.2025 passed

by Hon'ble Division Bench of this Court in D.B. Civil Writ

Petition No.11737/2024 titled as Rodu Lal & Ors. Vs. The

State of Rajasthan & Ors. and connected batch of petitions.

3. The operative portion of the order dated 26.08.2025 reads

as follows:

"40. This Court is further of the firm opinion that if the respondents continue with the services of the petitioners, without covering them under the Rules of 2022 would be against the principles as enumerated by the Hon'ble Apex Court in a catena of judgments wherein the Court has opined that the practice of appointment of contractual

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employees without any rules would lead to a situation of exploitation by the employer. With this intent only, the Rules of 2022 have been framed and therefore, the benefit of the said rules cannot be denied to the petitioners and similarly situated persons merely on the count of having been appointed through placement agency.

41. In light of the aforesaid facts & findings and the judgments, this Court is of the opinion that Rule 3 of the Rules of 2022 has to be read harmoniously, whereby, the petitioners and similarly situated persons, who have been appointed through placement agency after issuance of public advertisement are to be covered under the ambit of Rule 3 of the Rules of 2022. Since, the above rule has been read harmoniously in favour of the petitioners, therefore, there is no requirement to decide question No.

(b), which was framed under para 13. The harmonious reading of the Rule itself clarifies that, there ought to be no discrimination between the contractual employees appointed through placement agency as well as the contractual employees appointed directly.

42. For the aforesaid reasons, the writ petitions are allowed in the following terms:

(i) The respondents shall consider the individual case of each contractual employee, appointed prior to enforcement of the Rules of 2022 strictly in accordance with Rule 3 of the Rules of 2022,meaning thereby, that if an employee has been appointed on a post created by the Administrative Department with the concurrence of the Finance Department and the appointment has been through issuance of a public advertisement further without there being any differentiation whether the public advertisement has been issued by the State Government or by the placement agency.

(ii) If the case of the individual is in conformation with the Rule 3 of the Rules of 2022, as interpreted above, then the benefit of the Rules of 2022 shall be extended to such petitioners."

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4. In view of the aforesaid, the present writ petition is

disposed of in the same terms as in the case of Rodu Lal & Ors.

(supra), giving liberty to the petitioners to file individual

representation. If any such representation is filed, the respondent

No. 2 - Director And Joint Secretary, Directorate Of Local Bodies,

Rajasthan, Jaipur, Rajasthan shall consider the same in terms of

the principles laid down in the case of Rodu Lal & Ors. (supra).

5. The said exercise shall be done within a period of three

months from the date of representation filed by the petitioners.

6. All pending applications, if any, stand disposed of.