JAGDISH MAHAWAR AND ORS v. PRINCIPAL SECRETARY MEDICAL ORS
CW/7985/2012 · 2025-09-20
Anand Sharma
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 38586 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38586 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:38759] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7985/2012
1. Jagdish Mahawar Son of late Shri Pooran Mal Ji, Son of late Sh. Puran Chand, age about 40 years, R/o Plot No.16, Keshav Colony, Gangori Bazar, Chaugan Stadium, Jaipur.
2. Pokhar Singh Shekhawat Son of Shri Tej Singh, age about 36 years, 13, Shivastu Param Vihar, Gokulpura, Kalwad Road, Zila Jaipur.
3. Kailash Chand Abhay S/o late Shri Chowth Mal Ji, age about 52 years, R/o Plot No.80, Jyoti Colony, Rajamal Ka Talab, Jaipur.
4. Smt. Rekha Sharma Wife of Shri Surya Prakash Sharma, age about 35 years, Mazdoor Nagar, Sodala Jaipur.
5. Shri Ajay Kumar Dave Son of late Shri V.K. Dave, age about 31 years, Sushilpura, Shyam Nagar, Near Ajmer Road Nallah, Sodala
6. Smt. Sunita Gothwal Wife of Shri Subhash Gothwal, age about 25 years, Plot No.16, Keshav Colony, Gangori Bazar, Chaugan Stadium, Jaipur.
7. Nand Kishore Son of Shri Sodan Ram, age about 31 years, Plot No.225, Katputli Nagar, Jyoti Nagar Mod, Jaipur.
8. Shri Rati Ram Son of Shri Sodan Ram, age about 27 years, Valmik Kacchi Basti, Jyoti Nagar Mod, Behind LIC Building, Jaipur
9. Hari Ram Gujar Son of Shri Jai Ram Gurjar, age about 30 years, Mohalla Nandu,Tehsil Rajgarh, Post Office Ghevar, Thana Tahla, Zila Alwar.
10. Ishwar Singh Son of Shri Hanuman Singh, age about 30 years, R/o Jhadkhan Mahadev, Kings Road, Prempura, Khatipura, Jaipur.
11. Shanti Devi Wife of Shri Babu Lal, age about 45 years, Ganesh Nagar, Behind Kumawat School, Sodala All the petitioners are contractual employees through their contractor working in the Directorate of Medical & Health Department, working on temporary basis. ----Petitioner Versus
1. The Principal Secretary, Medical & Health Department, Secretariat, Government of Rajasthan, Jaipur.
[2025:RJ-JP:38759] (2 of 3) [CW-7985/2012]
2. The Principal Secretary, Department of Personnel, Secretariat, Government of Rajasthan, Jaipur.
3. The Additional Director, Medical & Health Department, Jaipur ----Respondents For Petitioner(s) : Ms. Neerja Khanna For Respondent(s) : Mr. Yash Joshi with Mr. Deepak Mittal, Ms. Ritika Naruka & Ms. Monisha Agarwal for Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE ANAND SHARMA
Order 20/09/2025
1.
Learned counsel appearing for the petitioners submits that the petitioners have been working for decades with the respondents and after the judgment of Hon’ble Supreme Court in the case of Secretary, State of Karnataka & Ors. Vs. Uma Devi (3) & Ors. reported in 2006 (4) SCC 1, by way of framing scheme, the State Government has issued/framed the notification dated 27.02.2009, whereby provision has been made to screen all those employees earlier irregularly appointed and have completed 10 years of service as on 10.04.2006 and to pass an appropriate
order after such screening and verifying their service record.
2.
Learned counsel for the petitioners submits that despite repeated request, no such consideration has been made.
3.
Learned counsel appearing for the respondents would submit that the petitioners have not enclosed sufficient documents to show that they were actually engaged with the respondents and there is no assertion in the entire writ petition that the petitioners
[2025:RJ-JP:38759] (3 of 3) [CW-7985/2012] are fulfilling the eligibility for being regularized as per notification dated 27.02.2009.
4. Be that as it may, the only request made on behalf of the petitioners is for consideration under the notification dated
27.02.2009. Hence, looking to the limited prayer, this writ petition is disposed of with the directions to the respondents to consider cases of the petitioners in accordance with notification dated 27.02.2009 (annex.-2) issued by the Department of Personnel in
order to amend the Rajasthan Class-IV Services (Recruitment and other Service Conditions) Rules, 1999 and to screen their services as per the notification. For that purpose, the petitioners are also
directed to file separate representations giving details of their service record and eligible documents so as to enable the respondents to consider their cases strictly in accordance with notification dated 27.02.2009. After receiving such representation along with certified copy of the instant order, the respondents shall pass a speaking order within a period of three months thereafter.
(ANAND SHARMA),J DIVYA /22