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Parmeshwar Nai vs State Of Rajasthan (2026:Rj-Jd:3229)
2026 Latest Caselaw 776 Raj

Citation : 2026 Latest Caselaw 776 Raj
Judgement Date : 19 January, 2026

[Cites 1, Cited by 0]

Rajasthan High Court - Jodhpur

Parmeshwar Nai vs State Of Rajasthan (2026:Rj-Jd:3229) on 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

                         (Uploaded on 20/01/2026 at 02:41:28 PM)
                        (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:

(Uploaded on 20/01/2026 at 02:41:28 PM)

[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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