HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 731/2025 1. Rajesh Kumar S/o Madanlal, Aged About 37 Years, R/o M.p. Nagar, Bikaner. 2. Anil Prajapat S/o Teja Ram, Aged About 32 Years, R/o Shivbari, Bikaner, District Bikaner (Raj.). 3. Rakesh Karwasara S/o Sahi Ram Karwasara, Aged About 31 Years, R/o Palana, District Bikaner. 4. Mohd. Shahid S/o Mohd. Sabir, Aged About 29 Years, R/o Near Nahiyon Ki Masjid, Bikaner. 5. Shabab Ali Bhati S/o Abdul Habib Bhati, Aged About 34 Years, R/o Pabu Bari, Bikaner. 6. Manwar Hussain S/o Gulam Fareer, Aged About 33 Years, R/o Pabu Bari, Bikaner. 7. Vijay Kumar Tanwar S/o Madan Mohan Tanwar, Aged About 43 Years, R/o Jail Wali Road, Bikaner. 8. Virendra Singh Parihar S/o Madan Mohan Parihar, Aged About 37 Years, R/o Bikaner. 9. Ravinder Daiya S/o Hari Kishan Daiya, Aged About 28 Years, R/o Napasar, District Bikaner. 10. Bajrang S/o Hari Ram, Aged About 31 Years, R/o Swaroopdesar, District Bikaner. 11. Sanjay Mehra S/o Tarun Mehra, Aged About 28 Years, R/ o Bikaner. 12. Madhusudan Pareek S/o Omprakash Pareek, Aged About 31 Years, R/o Bikaner. 13. Nikhl Shrimali S/o Ganesh Dutt Shrimali, Aged About 30 Years, R/o Bikaner. 14. Harish Kumar S/o Utma Ram, Aged About 29 Years, R/o Pugal, District Bikaner. 15. Shahabaz Hussain Bhati S/o Altaf Hussain, Aged About 26 Years, R/o Songiri Kuwa, District Bikaner. 16. Rajeev Rawat S/o Shri Kishan Rawat, Aged About 40 Years, R/o Bikaner. 17. Chayan Devra S/o Som Datt Devra, Aged About 30 Years, R/o Rani Bajar, Bikaner. 18. Mohd. Irfan S/o Harun Rashid Bhati, Aged About 30 (2 of 8) [CW-731/2025] Years, R/o Songiri Kuwa, Bikaner. 19. Uvesh Ali Bhati S/o Hayder Ali Bhati, Aged About 36 Years, R/o Songiri Kuwa, Bikaner. 20. Prighviraj Swami S/o Kamal Kishor Rankawat, Aged About 28 Years, R/o Jassusar Gate, Bikaner. 21. Bhagwan Dan Charan S/o Mohan Dan Charan, Aged About 31 Years, R/o Ratriya Dharnok, District Bikaner. 22. Altamash Rahman Khokhar S/o Altaf Khan Khokhar, Aged About 36 Years, R/o Pabu Bari, Bikaner. 23. Karanpal Parihar S/o Devaram Parihar, Aged About 37 Years, R/o Keshav Nagar, Bikaner. 24. Teena Ghalot W/o Indrajeet Tanwar, Aged About 36 Years, R/o Bikaner. 25. Khet Prakash S/o Purushottam, Aged About 31 Years, Bap, District Jodhpur (Now Phalodi). 26. Mohammed Abrar S/o Umardeen, Aged About 31 Years, R/o Songiri Well, Bikaner. 27. Sartaj Bano W/o Gulam Zilani, Aged About 31 Years, R/o Bikaner. 28. Soket Ali S/o Mohd. Iqbal, Aged About 35 Years, R/o Pabu Bari, Bikaner. 29. Nitin Chouhan S/o Lal Singh Chouhan, Aged About 29 Years, R/o M.p. Nagar, Bikaner. 30. Barkat Ali Khokhar S/o Altaf Khan Khokhar, Aged About 30 Years, R/o Pabu Bari, Bikaner. 31. Mohammad Shafiq Khokhar S/o Mohammad Rafiq Khokhar, Aged About 28 Years, R/o Choukhunti, District Bikaner. 32. Yogesh Badgujar S/o Shiv Kumar, Aged About 30 Years, R/o Gopeshwar Basti, Bikaner. 33. Tribhuwan Kapoor S/o Babulal Kapoor, Aged About 28 Years, R/o Kolayat, District Bikaner. 34. Rajesh Choudhary S/o Mamraj, Aged About 25 Years, R/o Bamblu, District Bikaner. 35. Bhagwana Ram Bhargaw S/o Dhuru Ram Bhargav, Aged About 26 Years, R/o Mainsar, District Bikaner. 36. Babulal Dhaka S/o Ummda Ram, Aged About 25 Years, R/ (3 of 8) [CW-731/2025] o Napasar, District Bikaner. 37. Hari Singh Chouhan S/o Mahendra Singh, Aged About 32 Years, R/o Bikaner. 38. Kapil Panwar S/o Pradeep Panwar, Aged About 33 Years, R/o Ranisar, District Bikaner. 39. Vimlesh Kumar Meena S/o Kedar Prasad Meena, Aged About 34 Years, R/o Malarna Chour, District Sawai Madhopur. 40. Ajay Panwar S/o Mangilal Panwar, Aged About 32 Years, R/o Sri Ramsar, District Bikaner. 41. Sher Singh Bhati S/o Roop Singh Bhati, Aged About 31 Years, R/o Sarvodaya Basti, Bikaner. 42. Sanjay Chouhan S/o Lunaram Chouhan, Aged About 31 Years, R/o Udairamsar, District Bikaner. 43. Ratnesh Sharma S/o Shankarlal Sharma, Aged About 26 Years, R/o Napasar, District Bikaner. 44. Rahul Kumar Shrimali S/o Umesh Kumar Shrimali, Aged About 35 Years, R/o Chotina Kua, Bikaner. 45. Jugal Kishor Swami S/o Moolchand Swami, Aged About 41 Years, R/o Bikaner Hireshwar Mandir, Bikaner. 46. Prem Janagal S/o Chunni Lal Janagal, Aged About 33 Years, R/o Sarvodaya Basti, Bikaner. 47. Meghraj Prajapat S/o Gangaram Prajapat, Aged About 28 Years, R/o Gangashahar, District Bikaner. 48. Manish Kumar Panwar S/o Manoj Kumar Panwar, Aged About 34 Years, R/o Vinoba Basti, Bikaner. 49. Sadam Hussain S/o Abdul Habib, Aged About 27 Years, R/ o Pabu Bari, Bikaner. 50. Lalit Sharma S/o Ravi Sharma, Aged About 28 Years, R/o Rampura Basti, Bikaner. 51. Jyoti Modi W/o Pulkeet Khatri, Aged About 33 Years, R/o Rani Bazar, Bikaner. 52. Prateek Pareek S/o Gouri Shankar Pareek, Aged About 30 Years, R/o Murlidhar Vyas Colony, Bikaner. 53. Riyaz Hussain, Aged About 29 Years, R/o Pabu Bari, Bikaner. 54. Kavita Meena D/o Babulal Meena, Aged About 28 Years, (4 of 8) [CW-731/2025] R/o Sikar, Rajasthan. 55. Sandeep Choudhary S/o Amar Singh Choudhary, Aged About 37 Years, R/o Pawan Puri, Bikaner. 56. Dushyant Verma S/o Raghunath Verma, Aged About 40 Years, R/o Subhashpura, Bikaner. 57. Deepak Gahlot S/o Mulchand Gahlot, Aged About 28 Years, R/o Jassusar Gate, Bikaner. 58. Harish Kumar S/o Rameshwar Lal, Aged About 39 Years, R/o Tilak Nagar, Bikaner. 59. Om Prakash S/o Ram Narayan, Aged About 28 Years, R/o Dharnok, District Bikaner. 60. Pankaj Prajapat S/o Bhanwar Lal Prajapat, Aged About 32 Years, R/o Sudarshan Nagar, Bikaner. 61. Naveen Panwar S/o Naresh Panwar, Aged About 33 Years, R/o M.m. Ground, Bikaner. 62. Rabnawaz Mugal S/o Hasan Ali, Aged About 33 Years, R/o Sarvodaya Basti, Bikaner. 63. Abdul Razzaq Sheikh S/o Abdul Gaffar, Aged About 37 Years, R/o Lalgarh, Bikaner. 64. Dinesh Kumar Meena S/o Babu Lal, Aged About 34 Years, R/o Behind Jagdish Mandir Meeno Ka Chowk District Bikaner. ----Petitioners Versus 1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health Services, Secretariat, Jaipur (Raj.). 2. The Joint Secretary, Medical And Health Services, Rajasthan, Jaipur (Raj.) 3. The Joint Secretary, Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur. 4. The Director, Finance (Budget), Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur. 5. The Director (Public Health), Medical And Health Services, Rajasthan, Jaipur (Raj.). 6. The Director (Non-Gazetted), Medical, Health And Family Welfare Department, Swasthya Bhawan, Tilak Marg, (5 of 8) [CW-731/2025] Jaipur (Raj.). 7. The District Collector, Bikaner. 8. Nodal Officer, Mnjy, Medical And Health Services, Government Of Rajasthan, Jaipur. 9. Rajasthan Medical Services Corporation Limited (Rmsc), Department Of Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its Managing Director. 10. The Chief Medical And Health Officer, Bikaner. 11. The Principal, Sardar Patel Ayurvigyan College, Bikaner. 12. The Superintendent, P.b.m Hospital District Bikaner. ----Respondents For Petitioner(s) : Mr. S. K. Verma Mr. Mrinal Khatri For Respondent(s) : Mr. Sher Singh Rathore, AAAG for Mr. N. S. Rajpurohit, AAG JUSTICE DINESH MEHTA Order 10/01/2025 1. Learned counsel for the petitioners submits that the issue involved in the present case is covered by the judgment dated 30.07.2024 passed by co-ordinate Bench of this Court in the case of Shruti Moyal & Ors. vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 12243/2024). 2. In the case of Shruti Moyal, 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 (6 of 8) [CW-731/2025] 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 (Annexure7) 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 discontinuing 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 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 (7 of 8) [CW-731/2025] 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 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 their grievances. 4. In view of the above, the present writ petition is disposed of in terms that in the event of filing 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 (8 of 8) [CW-731/2025] mind the law laid down by this Court in the case of Shruti Moyal (supra). 5. 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 6. Stay application also stands disposed of, accordingly. (DINESH MEHTA),J 311-Arun/-