[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Rita vs The State Of Rajasthan ... on 16 January, 2026
Author: Rekha Borana
Bench: Rekha Borana
[2026:RJ-JD:2831]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 20772/2025
1. Rita D/o Sh. Bhoop Singh, W/o Sh. Ramniwas, Aged
About 31 Years, R/o Vpo Meghana, Tehsil Nohar, District
Hanumangarh.
2. Saroj Bala D/o Sh. Ramchandra, W/o Sh. Sandeep, Aged
About 35 Years, R/o Ward No.13, Village And Post
Mirzawalimar, Tehsil Tibbi, District Hanumangarh.
3. Dhapa Nain D/o Sh. Bhoop Singh, Aged About 33 Years,
R/o Ward No.02, Village And Post Malwani, Tehsil Nohar,
District Hanumangarh.
4. Ambika D/o Sh. Amar Singh, W/o Sh. Mukesh Kumar,
Aged About 36 Years, R/o Ward No.09, Village 34 Rwd,
Post Gandheli,tehsil Rawatsar, District Hanumangarh.
5. Manisha D/o Sh. Shishpal, W/o Sh. Brijmohan, Aged
About 32 Years, R/o Village Poharka, Tehsil Nohar, District
Hanumangarh.
6. Manju Chohan D/o Sh. Jile Singh, Aged About 32 Years,
R/o Ward No.09, Anoopshahar, District Hanumangarh.
7. Harkori D/o Shri Roop Singh, W/o Shri Badrinarayan
Rajwa, Aged About 44 Years, Resident Of Village- Dhani
Ranwan, Post Dudhwa Khara, District- Churu.
----Petitioners
Versus
1. The State Of Rajasthan, Through Principal Secretary To
Government, Medical And Health And Family Welfare And
Panchayat Raj (Medical And Health) Department,
Rajasthan, Jaipur.
2. The Mission Director, Medical And Health Department
Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.
3. The Project Director Family Welfare Medical And Health
Department Rajathan, Swasthya Bhawan, Tilak Marg,
Jaipur.
4. The Director Finance Medical And Health Family Welfare
Department Rajasthan, Swasthya Bhawan, Tilak Marg,
Jaipur.
5. Chief Medical And Health Officer, Nagaur, Rajasthan.
6. Chief Medical And Health Officer, Hanumangarh,
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Rajasthan.
7. Chief Medical And Health Officer, Jodhpur, Rajasthan.
8. Chief Medical And Health Officer, Bikaner, Rajasthan.
9. Chief Medical And Health Officer, Sikar.
----Respondents
For Petitioner(s) : Mr. K.R. Saharan
For Respondent(s) : Mr. Tanuj Jain for
Mr. Mukesh Dave, AGC
HON'BLE MS. JUSTICE REKHA BORANA
Order
16/01/2026
1. Counsel for the petitioners submits that the issue rests
covered by the Division Bench judgment in Radu Lal & Ors. Vs.
The State of Rajasthan & Ors.; D.B. Civil Writ Petition
No.11737/2024 and other connected matters (decided on
26.08.2025).
2. Counsel relied upon a judgment of Co-ordinate Bench of this
Court in Rakesh Kumar & Ors. Vs. State of Rajasthan & Ors.;
S.B. Civil Writ Petition No.12679/2020 and other connected
matters (decided on 17.10.2025) whereby while relying upon
Radu Lal (supra), the Court passed certain directions.
3. Counsel for the respondents submits that similar directions
as in Rakesh Kumar (supra) be passed in the present writ petition
too.
4. In Radu Lal (supra), the Court directed as under:
"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
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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."
5. In Rakesh Kumar (supra), the Court while deciding the
petitions in terms of Radu Lal (supra), further directed as under:
"5. Keeping in mind the law enunciated in the order
passed in Rodu Lal (supra), the present writ petitions
are also allowed in the same terms and manner as
laid down therein. However, it is observed that the
appointment letters of certain petitioners have either
not been brought on record or are not annexed with
their respective writ petitions. Accordingly, the
respondents are directed to verify the authenticity
and existence of such appointment letters prior to
giving effect to this order.
5.1. The entire process of verification, wherever
necessary, shall be completed by the respondents
within a period of two months from the date of
receipt of a certified copy of this order. Upon
completion of such verification, if it is found that the
petitioners are similarly situated and their cases are
identical to those covered under the decision in Rodu
Lal (supra), they shall be extended the same benefits
and consequential reliefs without any further delay.
5.2. The stay petitions and all pending applications, if
any, shall stand disposed of."
6. In view of the above, the present writ petition is disposed
of on the same terms and directions as in Rakesh Kumar
(supra).
7. The order 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,
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the averments made therein are found to be correct, the
petitioners would be entitled to the relief.
8. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
91-manila/-
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