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Rajasthan High Court - Jodhpur
Naresh Kumar vs State Of Rajasthan (2026:Rj-Jd:12652) on 17 March, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:12652]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 22523/2025
1. Naresh Kumar S/o Shri Puran Ram, Aged About 26 Years,
Resident Of Ward No.06, Behind Gadh, Tehsil Rawatsar,
District Hanumangarh.
2. Dasrath Joshi S/o Shri Chanan Ram, Aged About 26
Years, Resident Of Ward No.07, Nyaulakhi, Tehsil Pallu,
District Hanumangarh.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Medical And Health Secretariat, Jaipur.
2. Director (Public Health), Medical Health And Family
Welfare Services, Secretariat, Jaipur.
3. Joint Director, Medical And Health Services, Bikaner Zone,
District Bikaner.
4. District Collector, Hanumangarh.
5. Chief Medical And Health Officer (CMHO), Hanumangarh.
6. Block Chief Medical Officer, Rawatsar, District
Hanumangarh.
7. Block Chief Medical Officer, Pilibanga, District
Hanumangarh.
----Respondents
For Petitioner(s) : Mr. R.C. Joshi.
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
17/03/2026
1. While informing that petitioners are working as Urgent
Temporary Basis on the post of Pharmacist, learned counsel for
the petitioners submitted that the controversy involved in the
present case is squarely covered by a judgment rendered by this
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[2026:RJ-JD:12652] (2 of 4) [CW-22523/2025]
Court in S.B. Civil Writ Petition No.12243/2024 (Shruti
Moyal & Ors. V/s State of Rajasthan & Ors.), decided on
30.07.2024.
2. In the case of Shruti Moyal, the following order was passed:-
"1. Heard learned counsel for the petitioners.
2. The present writ petition has been filed with the
following prayers:-
"A. the action of the respondents while
terminating the services of the petitioners from
the post of Assistant Radiographer, Lab Technician
and Assistant lab Technician on the ground of
availability of regularly selected Lab Technicians
despite the fact that posts are still lying vacant,
may kindly be declared per se illegal, arbitrary
and contrary to the provisions of Constitution of
India.
B. The impugned orders dated 12.07.2014
(Annexure-7) may kindly be quashed and set
aside.
C. The impugned termination order of petitioner
No.1 dated 10.07.2024 (Annexure- 8) and order
dated 10.07.2024 (Annexure-9) by which services
of petitioners No.1 have been terminated and all
orders issued by the respondents in the
intervening period, terminating the services of the
petitioners, may kindly be ordered to be quashed
and set aside.
D. The respondents may kindly be directed to
reinstate the services of the petitioners and they
be permitted to continue their services on their
respective post. E. The respondents may kindly be
directed not to replace the petitioners till the
agreement of the petitioners come to an end.
F. That the respondents may be restrained from
dis-continuing services of the petitioners and/or
the present place of posting of the petitioners may
not changed."
3. Learned counsel for the petitioners submits that the
petitioners were appointed on the urgent temporary
basis for a period of 3 months or till the regularly
selected employees are available with the respondent-
Department, whichever is earlier. Learned counsel
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submits that the regularly selected employees are
available with the respondent-Department, thus, the
services of the petitioners have been dispensed with
vide order dated 10.07.2024.
4. Learned counsel further submits that after the
regularly selected persons having joined in the
respondent-Department, still there are number of
vacancies available with the respondent-Department for
the post of Lab Technician and Assistant Radiographers.
He, therefore, prays that the respondents may be
directed that in case, there are vacancies available in
the Department and they are in need of services of the
petitioners, the petitioners' services can be adjusted in
the nearby areas of District Pali/Beawar.
5. Considering the limited prayer of the petitioner, the
writ petition is disposed of with a direction to the
respondent No.7- Chief Medical and Health Officer,
Beawar & respondent No.8- Chief Medical and Health
Officer, Pali to ascertain the number of vacancies
available with them in their jurisdiction and if they
desire to take the services of the petitioners on the post
available, the petitioners may be adjusted or
accommodated to serve on those posts till the regularly
selected candidates are available with the respondent-
Department.
6. It is made clear that if any of the petitioner is not
discharging his duties satisfactorily, the respondents
will be free to discharge him from the employment.
7. Stay petition as well as other pending applications, if
any, shall also stand disposed of".
3. Learned counsel for the petitioners submits that the
petitioners may be permitted to file an appropriate representation
before the respondents in the light of judgment rendered by this
Court in the case of Shruti Moyal (supra) for redressal of his
grievance.
4. In view of the above, the present writ petition is disposed of in
terms that in the event of filing a representation by the
petitioners, the same shall be considered and decided by the
respondents at the earliest preferably within a period of four
weeks from the date of receipt of such representation, keeping in
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mind the law laid down by this Court in the case of Shruti Moyal
(supra).
5. Since, the essence of the direction in the case of Shruti Moyal
(supra) was to accommodate the persons who have discharged
their services on Urgent Temporary Basis on the vacant seats with
the State Government, the respondents shall not reject the
petitioners' request simply because the petitioners in the case of
Shruti Moyal (supra) were radiologist and lab technician whereas
the petitioners are working on other post.
6. 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,
the averments made therein are found to be correct, the
petitioners would be entitled to the relief.
7. Stay application also stands disposed of accordingly.
(KULDEEP MATHUR),J
57-Tikam/-
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