Citation : 2026 Latest Caselaw 776 Raj
Judgement Date : 19 January, 2026
[2026:RJ-JD:3229]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1035/2026
1. Parmeshwar Nai S/o Badri Lal Nai, Aged About 45 Years,
R/o Gadola, Pratapgarh, Raj. (Presently Working As
District Project Coordinator Under Swachh Bharat Mission
(Rural), Zila Parishad Pratapgarh).
2. Rakesh Kumar Jatav S/o Prem Chand Jatav, Aged About
36 Years, R/o Post Ganeshpura, Chhoti Sadri, Raju Khera,
Pratapgarh, Raj.(Presently Working As Block Coordinator
Under Swachh Bharat Mission (Rural) Panchayat Samiti,
Chhoti Sadri)
3. Manoj Kumar Jain S/o Gattu Lal Jain, Aged About 46
Years, R/o salumber Road, Ward No. 3, Dhariyawad,
Pratapgarh Raj.(Presently Working As Block Coordinator
Under Swachh Bharat Mission (Rural) Panchayat Samiti,
Dhariyawad).
4. Praveen Kumar Suthar S/o Bhimlesh Suthar, Aged About
29 Years, R/o Neenor, Pratapgarh Raj.(Presently Working
As Block Coordinator Under Swachh Bharat Mission
(Rural) Panchayat Samiti, Dalot, Pratapgarh)
5. Narendra Kumar Meena S/o Rajmal Meena, Aged About
32 Years, R/o Kachotiya, Pipalkhunt, Dotad, Pratapgarh,
Raj.(Presently Working As Block Coordinator Under
Swachh Bharat Mission (Rural) Panchayat Samiti,
Suhagpura, Pratapgarh).
6. Punam Chand Malviya S/o Vardichand Malviya, Aged
About 43 Years, R/o Malviya Mohalla, Ward No. 8, Jajali,
Arnod, Pratapgarh, Raj.(Presently Working As Block
Coordinator Under Swachh Bharat Mission (Rural)
Panchayat Samiti, Arnod,pratapgarh)
7. Ganesh Lal Meena S/o Surajmal Meena, Aged About 42
Years, R/o Talai Fala, Dantlakund, Rampuriya, Pratapgarh,
Raj.(Presently Working As Block Coordinator Under
Swachh Bharat Mission (Rural) Panchayat Samiti,
Pipalkunth, Pratapgarh)
8. Karu Lal Devada S/o Mathura Lal Devada, Aged About 29
Years, R/o Ward No. 5, Khoriya, Pratapgarh, Raj.
(Presently Working As Block Coordinator Under Swachh
Bharat Mission (Rural) Panchayat Samiti, Pratapgarh)
9. Piyush Patidar S/o Rajesh Patidar, Aged About 24 Years,
R/o Thara Pratapgarh, Raj.(Presently Working As Block
Coordinator Under Swachh Bharat Mission (Rural)
Panchayat Samiti, Dhamotar, Pratapgarh)
10. Shubham Jain S/o Inder Mal Jain, Aged About 29 Years,
R/o Jaroli Gali, Ward No. 9, Gopal Ganj, Pratapgarh, Raj.
(Presently Working As Accountant Assistant Under
Swachh Bharat Mission (Rural) Panchayat Samiti,
Pratapgarh)
----Petitioners
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(Downloaded on 20/01/2026 at 08:53:49 PM)
[2026:RJ-JD:3229] (2 of 3) [CW-1035/2026]
Versus
1. State Of Rajasthan, Through The Chief Secretary,
Government Of Rajasthan, Jaipur, Rajasthan.
2. Secretary, Rural Development And Panchayati Raj
Department, Government Of Rajasthan, Jaipur,
Rajasthan.
3. The Director, Clean Indian Mission (Rural) (Swachh Bharat
Mission), Rural Development And Panchayati Raj
Department, Government Of Rajasthan, Jaipur,
Rajasthan.
4. The District Collector, Pratapgarh, Rajasthan.
5. The Chief Executive Officer, Zila Parishad Pratapgarh,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Jitesh Kandare
For Respondent(s) : --
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
19/01/2026
1. The present writ petition has been filed challenging the
action of the respondents in not considering the representation
filed by the petitioners to treat the petitioners as covered under
the Rajasthan Contractual Hiring to Civil Posts Rules, 2022
(hereinafter referred to as 'the Rules of 2022').
2. The case of the petitioners is that they were employed with
the respondents through an indirect contract by being sponsored
through an outsourcing agency. The petitioners claim that their
case is squarely covered under the law laid down by the decision
of Division Bench of this Court in D.B. Civil Writ Petition No.
11737/2024: Rodu Lal & Ors. Vs State of Rajasthan & Ors.
(decided on 26.08.2025). The operative portion of the order dated
26.08.2025 (supra) reads as follows:
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[2026:RJ-JD:3229] (3 of 3) [CW-1035/2026]
"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."
3. In view of the aforesaid judgment, the present writ petition
is allowed and the respondents are directed to decide the
representation of the petitioner in the same terms as in Rodu Lal
& Ors. (supra).
4. The said exercise shall be done within a period of two
months from the date of receipt of this order.
(MUNNURI LAXMAN),J 276s-PoonamS/-
(Uploaded on 20/01/2026 at 02:41:28 PM)
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