Swadesh Kumari vs The State Of Rajasthan ... on 13 February, 2026

Author: Nupur Bhati

Bench: Nupur Bhati

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      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 3620/2026

1.       Swadesh Kumari W/o Surender Singh, Aged About 47
         Years, R/o Village Gudan, Post Nawa, Tehsil Rajgarh,
         District Churu, Presently Posting At Sub Center, Saiyad
         Moj Ali Ka Tala, Phc, Gohar Ka Tala, Chc Dhanau, Barmer.
2.       Papita Meena W/o Rajendra Singh, Aged About 47 Years,
         R/o Sawantgarh, Tonk, Presently Posting At Sub Center,
         Madna Kheri, Phc, Pali, Block Chhabda, District Baran.
3.       Vimala Rani D/o Karnail Singh, Aged About 25 Years, R/o
         Ward No. Ps Road, Sri Ganganagar, Presently
         Raisinghnagar, Posting At 22Ptd, Sri Gangangar.
4.       Smita Mishra W/o Vishnu Kumar Joshi, Aged About 44
         Years, R/o B-62, Parshuram Colony, Bilota Road, Aligarh,
         Uniyara, Tonk, Presently Posting At Sub Center, Dabla,
         Block Uniyara, District Tonk Rajasthan.
5.       Sushila Devi Jat W/o Shankar Lal Jat, Aged About 46
         Years, R/o Jat Mohalla, Madhoganj, Bansera, Tonk,
         Rajasthan, Presently Posting At Sub Center, Ameenpura,
         Phc, Mehandwas, Block Tonk, District Tonk.
6.       Femina W/o Anwar Hussain Chisthi, Aged About 46 Years,
         R/o Ward No. 25, Tonk, Presently Posting At Sub Center,
         Allapura, Phc Arniya Maul, Block Tonk, District Tonk.
7.       Kesar W/o Radhe Shyam Mali, Aged About 43 Years, R/o
         Maliyo Ka Mohalla, Malipura, Pasrotia, Tonk, Presently
         Posting At Sub Center, Rahimpura Nayagaon, Phc Naner,
         Block Peeplu, District Tonk.
8.       Kusumlata W/o Nand Kishore Sain, Aged About 55 Years,
         R/o 44, Khaliyano Ki Bagichi, Ambika Colony, Tonk,
         Presently Posting At Sub Center, Jaula, Phc Dardaturki,
         Block Peeplu, District Tonk.
9.       Raj Kanwar Naruka D/o Raghuraj Singh Naruka, Aged
         About 51 Years, R/o Chainpura, Mohammed Garh, Tonk,
         Presently Posting At Sub Center Gothadra, Phc Kakod,
         Block Uniyara, District Tonk.
10.      Meenakshi Meena W/o Ashok Kumar Meena, Aged About
         45 Years, R/o Village Post Teeker, Tehsil Jahajpura,
         District Bhilwara, Presently Posting At Sub Center
         Ambapura, Block Deoli, District Tonk.
11.      Anju Meena W/o Man Singh Meena, Aged About 47 Years,
         R/o Village Post Luhari Kalan, District Bhilwara, Presently
         Posting At Sub Center, Phc, Seetapura, Block Deoli,
         District Tonk.
12.      Sumila Pratihar W/o Shakti Singh Meena, Aged About 45


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         Years, R/o Teekar, District Bhilwara, Presently Posting At
         Sub Center, Baslaxmana, Phc, Dewali Village, Block
         Dewali, District Tonk.
13.      Nirmala Kumari W/o Ajad Singh, Aged About 51 Years, R/
         o Gugalwa, Churu, Presently Posting At Phc Natrad, Block
         Chohtan, District Barmer Rajasthan.
14.      Parvati Choudhary W/o Shankar Lal, Aged About 44
         Years, R/o 45, Chopat Se Pashim Ki Gali, Rindalya
         Rampura, Tonk Reendliya Rampura, Presently Posting At
         Sub Center, Sanwariya, Phc Uniyara Khurd, Block
         Todaramsingh Tonk.
15.      Indra Kumari W/o Megh Singh, Aged About 47 Years, R/o
         Ondela Road Prem Nagar-1, Dhaulpur, Dholpur, Presently
         Posting At Sub Center Sandra, Phc Saranikhera, Block
         Dholpur, District Dholpur Rajasthan.
16.      Savita Bai W/o Ramesh Kumar, Aged About 46 Years, R/o
         Dhindhwa Aguna, Jhunjhunu, Chirawa, Presently Posting
         At Sub Center, Sarupe Ka Tala, Phc Gohar Ka Talla, Chc
         Dhanau, Barmer.
17.      Priyanka Khatri D/o Bhanwar Lal Khatri, Aged About 33
         Years, R/o Badi Pol Ke Andar, Pinjaro Ki Masjid Ke Pass
         Jalore.
18.      Sangeeta Kumari Garhwal W/o Surendra Kumar, Aged
         About 46 Years, R/o Jajaniyon Ki Dhani, Chhau,
         Jhunjhunun, Presently Posting At Phc Gohar Kal Tala,
         Block Dhanau District Barmer.
19.      Premlata Meena W/o Om Prakash Meena, Aged About 45
         Years, R/o Chandwa, Jhunjhunun, Rajasthan, Presently
         Posting At Sub Center Sola, Phc, Goreya, Block Khandela
         District Sikar.
20.      Meva Parmar W/o Devi Lal Parmar, Aged About 52 Years,
         R/o Ward No. 5, Mukam Mandav Ki Paal, Jogiwada,
         Dungarpur, Rajasthan, Presently Posting At Sub Center
         Shobhala Jait, Phc Chohtan, Block Chohtan, District
         Barmer.
21.      Ramila Devi W/o Jagdish Chandra Roat, Aged About 50
         Years, R/o Ward No. 3, Dadoda, Bhemai, Bhamai,
         Dungarpur, Rajasthan, Presently Posting At Sub Center
         Saiyon Ka Tala, Phc Chohtan, Block Chohtan District
         Barmer.
22.      Ganga Kotadia W/o Naresh Kotadia, Aged About 50 Years,
         R/o Ward No. 8, Mukam Post Raghunathpura, Dungarpur,
         Presently Posting At Phc Dhanau, Block Chohtan, District
         Barmer.
23.      Barfo Devi W/o Yadram Singh, Aged About 50 Years, R/o

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         123, Nagla, Moti Deeg, Nagla Moti, Bharatpur, Bahaj,
         Presently Posting At Sub Center, District Tonk.
24.      Indira Kasera D/o Damodar Lal Kasera, Aged About 53
         Years, R/o Ward No. 20, Sawai Madhopur, Presently
         Posting At Sub Center Haideripura, Phc Panchla, Block
         Uniyara, District Tonk Rajasthan.
25.      Pushpa Devi W/o Hitendra Singh, Aged About 47 Years,
         R/o B-41, Hasan Khan, Mewati Nagar, Alwar, Presently
         Posting At Sub Center Hospital Bansur, District Kotputali,
         Behroad, Rajasthan.
26.      Sumitra Fanat W/o Arun Meena, Aged About 47 Years, R/
         o 28-29, Mojha Tausar Bypass, Jodhpur Road, Nagaur,
         Presently Posting At Phc Kumhari, Block Nagaur, District
         Nagaur.
27.      Kavita Bai Mehta W/o Pawan Kumar Yadav, Aged About
         37 Years, R/o Village And Post Khodari, Tehsil Behroad,
         District Kotputali, Behroad, Presently Posting At Sub
         Distict Hospital, Bansur, Block Bansur, Kotputai, Behroad.
28.      Geeta V.g. W/o Suresh Nair, Aged About 47 Years, R/o
         Untawaliya, Nagaur, Presently Posting At Sub Center,
         Untwaliya, Phc Rohini, Block Nagaur, District Nagaur.
29.      Usha Sharma W/o Raj Kumar Tiwari, Aged About 50
         Years, R/o 5 No. School Ke Peeche, Badli Road, Nagaur,
         Presently Posting At Phc Rohini, Block Nagaur.
30.      Kaushalya Soni W/o Omprakash Soni, Aged About 57
         Years, R/o House No. 10/65, Chopasani Housing Board,
         1St Puliya, Jodhpur, Presently Posting At Samajik Nyay
         Adhikarita Vibhag, Nari Niketan, Mandore, Jodhpur.
31.      Sarita Shrimali W/o Prakash Chandra Shrimla, Aged
         About 52 Years, R/o Saivihar Colony, 50 Ft Road, Kankroli
         Rajsamand At Presently Posting At Chc, Kankroli, Block
         Rajsamand.
32.      Rubina Bano W/o Abdul Kalim, Aged About 44 Years, R/o
         H O 10, Agawali Regidence Colony Luharo Ke Jamatkhane
         Ke Pass Nainwa Road, Bundi Rajasthan. At Present
         Posting Rcho, Bundi District Bundi Rajasthan.
33.      Dwarika Gautam W/o Ashok Sharma, Aged About 49
         Years, R/o Dablana Bundi, At Present Posting Phc
         Ranipura, Block Hindoli District Bundi Rajasthan.
34.      Shimla Kumari W/o Dinesh Goswami, Aged About 48
         Years, R/o Kota Road Devpura, Dist. Bundi, Rajasthan. At
         Present Posting Anm Talan Gaon, Block Hindoli, Dist.
         Bundi.
35.      Afroj W/o Janul Aabedin, Aged About 43 Years, R/o Luhar
         Katla, Dist. Bundi, Rajasthan. At Present Posting Sub

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         Center Talab Gaon, Dist. Bundi.
36.      Nirmala Nama W/o Mahaveer Nama, Aged About 49
         Years, R/o Near Bhura Vaidh Ki Gali, Balchand Pada, Dist.
         Bundi Rajasthan. At Present Posting Sub Center
         Onkarpura, Chc Khatkand, Dist. Bundi.
37.      Indrarani W/o Rupchand Suman, Aged About 52 Years, R/
         o 400 Rajputo Ka Mauhalla, Baroondhan, Dist. Bundi
         Rajasthan. At Present Posting Phc Suwansa, Block Talera,
         District Bundi Rajasthan.
38.      Girja Saini W/o Purshotam Saini, Aged About 43 Years, R/
         o Vpo Dehet, Dist. Bundi, Rajasthan. At Present Posting
         S/c Dehit, Block Talera, Dist. Bundi.
39.      Santra Kumari W/o Rajaram, Aged About 39 Years, R/o
         Teerath, Dist. Bundi Rajasthan. At Present Posting At Sub
         Center, Teerath, District Bundi Rajasthan.
40.      Salma Bano W/o Gul Mohammed, Aged About 53 Years,
         R/o H No 28 Ward No 8 Mahdev Ki Gali Bohara Mohalla,
         Dist. Bundi Rajasthan. At Present Posting At Phc Sathoor,
         Block Hindoli, Dist. Bundi.
41.      Usha Kumawat W/o Rajendra Kumawat, Aged About 46
         Years, R/o Saraswati Colony, Street No. 5, H.n. 59, Baran
         Road, Kota Rajasthan.
42.      Madhu Bala W/o Sampat Raj, Aged About 45 Years, R/o
         House No. 1202, Subhash Nagar Ii, Kota Rajasthan.
43.      Ramsheela, W/o Babulal Aged About Years, R/o Village
         Post Shimla, Tehsil Khetri, District Jhunjhunu Rajasthan
         At Present Posted At Sub Center Nagliya, Dudhwa, Block
         Khetri Jhunjhunu Rajasthan.
44.      Chitralekha W/o Jitendra Kumar, Aged About 43 Years, R/
         o 273, Jagannath Puri, Raghu Aata Chakki Ke Pas, Subhas
         Nagar, Bharatpur Rajasthan At Present Posted At Sub
         Center Mahua (Sewar), District Bharatpur Rajasthan.
                                                                ----Petitioners
                                   Versus
1.       The State Of Rajasthan, Through Additional Chief
         Secretary, Medical And Health Department, Government
         Of Rajasthan Secretariat, Jaipur.
2.       Director, (Public Health) Medical And Health Service,
         Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.
3.       Additional Director (Administrative), Medical And Health
         Service, Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.
4.       Chief Medical And Health Officer, Barmer.
5.       Chief Medical And Health Officer, Baran.


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6.       Chief Medical And Health Officer, Sri Ganganagar.
7.       Chief Medical And Health Officer, Tonk.
8.       Chief Medical And Health Officer, Dholpur.
9.       Chief Medical And Health Officer, Jalore.
10.      Chief Medical And Health Officer, Sikar.
11.      Chief Medical And Health Officer, Kotputali-Behroad.
12.      Chief Medical And Health Officer, Nagaur.
13.      Chief Medical And Health Officer, Jodhpur.
14.      Chief Medical And Health Officer, Rajsamand.
15.      Chief Medical And Health Officer, Bundi.
16.      Chief Medical And Health Officer, Kota.
17.      Chief Medical And Health Officer, Jhunjhunu.
18.      Chief Medical And Health Officer, Bharatpur.
                                                                    ----Respondents


For Petitioner(s)             :     Mr. Gajendra Singh Shekhawat with
                                    Mr. Tanwar Singh Rathore.



               HON'BLE DR. JUSTICE NUPUR BHATI

Order

13/02/2026

1. Learned counsel for the petitioners submits that the

controversy involved in the present case is squarely covered by a

judgment of this Court rendered in S.B. Civil Writ Petition

No.14444/2015 (Smt. Saroj Bala Bhatt & Anr. Vs. State of

Rajasthan & Ors.) and other connected matter, decided on

04.08.2022, which reads as under:-

"The present writ petitions have been filed against the order dated 31.10.2015 whereby the earlier order vide which the monetary benefits in pursuance to the selection grade were granted to the petitioners has been ordered to be cancelled. Learned counsel for the petitioners submitted that the issues as to from which date the benefit of selection grade and regularisation has to be granted and whether the benefit already granted can be withdrawn, were under consideration in the matter of State of Rajasthan & Ors. Vs. Chandra Ram (D.B. Special Appeal

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Writ No.589/2015) decided on 07.07.2017. While replying to the said issues, the Division Bench held as under:

"37. QUESTION A For the reasons and discussions aforesaid and in view of the law declared by the Supreme Court in the case of Jagdish Narain Chaturvedi and Surendra Mahnot & Ors. (supra); we are of the opinion that the respondent -

employee would stand regularized from the date of regularization in service and not prior to that.

38. QUESTION B Taking into consideration the recent decision, prior to two decades the regularization period was not questioned by anybody, therefore, in a writ petition filed by the petitioner it will not be appropriate for us to allow the Government to end the regularization. However, regularization will be from the date of regularization done by the department and not prior thereto.

39. QUESTION C The contention of the counsel for the employees is required to be accepted and it cannot be annulled unless it has been annulled by appropriate authority. However, the benefits shall not be withdrawn but in future when the benefits are to be accorded for further promotion, the same will be considered on the basis of new law declared by the Supreme Court i.e. period will be considered from the date of regularization. When the future benefit of 9, 18 and/or 27 will be considered their ad-hoc service will not be considered for the purpose of benefit of 9, 18 and/or 27 years. But if benefit has already been granted for all the three scales; the same shall not be withdrawn and no recovery will be made from the employees.

40. QUESTION D In view of our answer in above matters, it is very clear that for the purpose of regularisation the date of regularisation will be from the date of regular appointment. In that view of the matter, there cannot be two dates for the purpose of seniority and the other benefits. However, earlier services will be considered for the purpose of the same if there is a shortage in pensionary benefits.

41. QUESTION E In view of the observations made by the Supreme Court, as referred to above, the ad-hocism will not be considered for seniority. In that view of the matter, there will be only one date for regularization, date of regularizing ad-hoc period will not have any effect on seniority. In our considered opinion, the Division Bench of this Court in the case of State of Rajasthan & Ors. vs. Gopa Ram in DB Civil Special Appeal No.44/2016, decided on 18.04.2016 had no right to distinguish the judgment of the Supreme Court in the case of Jagdish Narayan Chaturvedi (Supra) and State of Rajasthan vs. Surendra Mohnot & Ors. (supra). Thus, the decision of State of Rajasthan & Ors. vs. Gopa Ram

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(supra)did not lay down correct law. The correct law would be the law declared by the Supreme Court in the two judgments referred hereinabove." Learned counsel for the respondents also admitted the issue in question to be covered by Chandra Ram's case (supra).

In view of the ratio as laid down in Chandra Ram's case (supra), the present writ petitions are allowed on the same terms and conditions. All the pending applications also stand disposed of."

2. For the above-said reasons, the present writ petition is

disposed of in light of the judgment rendered by this Court in the

case of Smt. Saroj Bala Bhatt (supra).

3. It is made clear that if any recovery is made by the

respondents pursuant to grant of ACP, the petitioners will be free

to move an appropriate representation in accordance with law for

the refund of the recovery.

4. The order instant has been passed based on the submissions

made in the petition, the respondents would be free to examine

the veracity of the submissions made in the petition and only in

case the averments made therein are found to be correct, the

petitioner would be entitled to the relief sought.