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Rajasthan High Court - Jodhpur
Bulaki Ram vs The State Of Rajasthan ... on 23 February, 2026
Author: Nupur Bhati
Bench: Nupur Bhati
[2026:RJ-JD:9503]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3683/2026
1. Bulaki Ram S/o Om Prakash, Aged About 38 Years, R/o
415, Bahadur Singh Colony, Ward No. 11, Sardar Shar,
Churu, District Churu.
2. Subhash Giri S/o Kashi Giri, Aged About 37 Years, R/o
Ganv-Dhani Doodgir, Churu, Dhani Pachera, District
Churu, Rajasthan-331403.
3. Mumtaz Leelgar S/o Shardul Mohammad, Aged About 43
Years, R/o Baroda Rajasthan Gramin Bank K Pass, Moti
Chawk Ward No. 32, Sardar Sehar, Churu, District Churu.
4. Kishan Dan Charan S/o Amardan Charan, Aged About 42
Years, R/o Silampuria Kua K Pass, Ward No. 5, Sardar
Sehar, Churu, District Churu.
5. Sandeep Sharma S/o Hari Ram Sharma, Aged About 29
Years, R/o Ghadsisar, P.o. Karansar, Churu, District Churu.
6. Samadar Singh S/o Mahaveer Singh, Aged About 28
Years, R/o Maalsar, Churu, District Churu.
7. Prakash Sunda S/o Ratan Lal Sunda, Aged About 29
Years, R/o Udsar, Bhebhra, Churu District Churu.
8. Banwari Lal S/o Sultan Singh, Aged About 33 Years, R/o
07, Dharamshala K Pass, Village Bhuwas Taranagar,
Churu, District Churu.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Rural Development And Panchayati Raj Department,
Government Secretariat, Jaipur, Rajasthan.
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Principal Secretary, Department Of Finance,
Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
4. The Principal Secretary, Government Medical Education
Department, Jaipur Rajasthan
5. The Commissioner (Egs), Rural Development And
Panchayati Raj Department, Government Secretariat,
Jaipur, Rajasthan.
6. The Secretary, Rajasthan Medicare Relief Society, Sardar
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[2026:RJ-JD:9503] (2 of 3) [CW-3683/2026]
Saher, Churu
7. The District Collector, Churu.
8. The Chief Executive Officer, Zila Parishad, Churu.
----Respondents
For Petitioner(s) : Mr. Deepak Jangid
HON'BLE DR. JUSTICE NUPUR BHATI
Order
23/02/2026
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 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 relevant paragraphs of the order dated 26.08.2025 passed
in the case of Rodu Lal (Supra) reads as follows:- 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
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
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[2026:RJ-JD:9503] (3 of 3) [CW-3683/2026]
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.
43. All pending applications, if any, also stand disposed of."
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) and
the petitioners are at liberty to file a representation, if any such
representation is filed, the same shall be considered in light of the
order passed 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.
(DR.NUPUR BHATI),J
surabhii/85-
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