[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Shiv Kumar Tanwar vs The State Of Rajasthan ... on 12 February, 2026
Author: Nupur Bhati
Bench: Nupur Bhati
[2026:RJ-JD:8074]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 3564/2026
1. Shiv Kumar Tanwar S/o Shri Hiralal Tanwar, Aged About 36
Years, Presently Working As Computer Operator At Krishi Upaj
Mandi Samiti Nagaur, District- Nagaur.
2. Ashish Devda S/o Anil Devda, Aged About 29 Years, R/o Bas
Tulisar Village Tausar, Tehsil- Nagaur, District- Nagaur,
Presently Working As Computer Operator At Krishi Upaj Mandi
Samiti Nagaur, District- Nagaur.
3. Jugal Kishor Panwar S/o Ram Prasad, Aged About 32 Years,
Presently Working As Computer Operator At Krishi Upaj Mandi
Samiti Nagaur, District- Nagaur.
4. Panwar Tanwar S/o Hukmi Chand Tanwar, Aged About 33
Years, Presently Working As Computer Operator At Krishi Upaj
Mandi Samiti Nagaur, District- Nagaur.
5. Suresh S/o Ramniwas, Aged About 32 Years, Presently
Working As Computer Operator At Krishi Upaj Mandi Samiti
Nagaur, District- Nagaur.
6. Amra Ram S/o Moti Ram, Aged About 31 Years, Presently
Working As Computer Operator At Krishi Upaj Mandi Samiti
Nagaur, District- Nagaur.
7. Aanand Varma S/o Poonam Chand, Aged About 27 Years,
Presently Working As Computer Operator At Krishi Upaj Mandi
Samiti Nagaur, District- Nagaur.
8. Abhimanyu Singh Rathore S/o Surendra Singh Rathore, Aged
About 31 Years, Presently Working As Computer Operator At
Krishi Upaj Mandi Samiti Nagaur, District- Nagaur.
9. Dhiraj Kumar Panwar S/o Papalal, Aged About 27 Years,
Presently Working As Computer Operator At Krishi Upaj Mandi
Samiti Nagaur, District- Nagaur.
10. Abhishek Bhati S/o Om Prakash Bhati, Aged About 23 Years,
Presently Working As Computer Operator At Krishi Upaj Mandi
Samiti Nagaur, District- Nagaur.
11. Avinash Sahu S/o Jagdish Prasad, Aged About 31 Years,
Presently Working As Computer Operator At C.m.h.o. Office
Tonk, District- Tonk.
12. Hanuman Ram S/o Ummed Ram, Aged About 40 Years, R/o
Shivnathpura, Sanchore, (Jalore)
13. Deepak Kumar Vyas S/o Shri Mukut Bihari Vyas, Aged About
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[2026:RJ-JD:8074] (2 of 3) [CW-3564/2026]
41 Years, R/o Mukharji Nagar, 14 Shukla Sadam,
Bhawanimandi, District Jhalawar.
----Petitioners
Versus
1. The State Of Rajasthan, Through Secretary, Department Of
Agriculture, Government Of Rajasthan, Secretariat, Rajasthan,
Jaipur.
2. Secretary, Finance (Budget) Department, Government Of
Rajasthan, Jaipur.
3. The Director, Agriculture Marketing, Pant Krishi Bhawan,
Jaipur.
4. Regional Joint Director, Agriculture Marketing Division Sikar.
5. Secretary, Krishi Upaj Mandi Samiti, Nagaur.
6. Chief Medical And Health Officer, Tonk
----Respondents
For Petitioner(s) : Mr. SK Verma
Mr. Vikramjeet Singh
HON'BLE DR. JUSTICE NUPUR BHATI
Order
12/02/2026
1. At the request of the learned counsel for the petitioners, the
matter has been heard for final disposal at the admission stage itself.
2. The learned counsel appearing for the petitioners submits that the
facts in the present case is similar to the facts in D.B. Civil Writ Petition
No. 11737/2024 (Rodu Lal & Ors. Vs. State of Rajasthan & Ors.),
decided on 26.08.2025.
3. The relevant paragraphs of the order dated 26.08.2025 passed in
the case of Rodu Lal (Supra) reads as follows:-
"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
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[2026:RJ-JD:8074] (3 of 3) [CW-3564/2026]
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.
43. All pending applications, if any, also stand disposed of."
4. In light of the order cited above, the present writ petition is
disposed of in the same terms as in the case of Rodu Lal & Ors.
(supra). The petitioners shall be at liberty to make a representation
before the concerned authorities within a period of 15 days. On such
representation, the concerned authorities are directed to dispose of the
same in light of the decision passed in case of Rodu Lal within a period
of two months from the date of receipt of this order.
5. All the pending applications, if any, shall stand disposed of.
(DR.NUPUR BHATI),J
surabhii/196-
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