RAJ KUMAR SAIN S/O SHRI JUGAL KISHOR SAIN v. STATE OF RAJASTHAN
CW/7536/2025 · 2025-12-05
Ashok Kumar Jain
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 43848 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43848 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:49635] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7536/2025
1. Raj Kumar Sain S/o Shri Jugal Kishor Sain, Aged About 39 Years, R/o Plot No. 25-B, Rana Colony, Meenawala, Sirsi Road, Jaipur, Rajasthan. 2. Rakesh Verma S/o Shri Radheyshyam Verma, Aged About 41 Years, R/o A-5, Shriji Nagar, Maliyom Ka Mohalla, Durgapura, Jaipur , Rajasthan. 3. Yashoda Nandan Sharma S/o Shri Ram Gopal Sharma, Aged About 38 Years, R/o 156, Chandrabhanpura, Surpura, Post Boraj, Tehsil Mauzamabad, (Dudu), Jaipur, Rajasthan. 4. Chander Prakash Choradia S/o Shri Mahendra Prakash, Aged About 53 Years, R/o 59, Tirupati Vihar B Pandit Ji Ka Chauraha, New Loha Mandi Road, Machada, Harmada, Jaipur, Rajasthan. 5. Ankur Kumar Mali S/o Shri Pappu Lal Mali, Aged About 30 Years, R/o Village Post Garhmora, Tehsil Nadauti, Dist. Karauli, State Rajasthan. 6. Rakesh Saini S/o Shri Narsingh Saini, Aged About 33 Years, R/o Kala Kivada Ki Dhani, Pili Ki Talai, Amer, Jaipur, Rajasthan. 7. Namrata Ojha S/o Shri Amli Bhardwaj, Aged About 39 Years, R/o A-31, Laxminarayan Puri, Out Of Surajpol Gate, Near Gauttam School, Jaipur, Rajasthan. 8. Lekram S/o Shri Madaram, Aged About 46 Years, R/o Madan No. A-179 Gokhle Marg, Nehru Nagar (Panipech), Jaipur, Rajasthan. 9. Ravi Shanker Mahavar S/o Shri Kalyan Prasad Mahavar, Aged About 46 Years, R/o Plat No. B-7 Saini Colony Second, Kartarpura, Jaipur, Rajasthan. 10. Navratan Khandelwal S/o Shri Damodar Giya, Aged About 48 Years, R/o 236, Rui Walo Ka Mohalla, Ramganj Bajar, Jaipur, Rajasthan. 11. Hemant Rathore S/o Shri Sohan Prakash Rathore, Aged About 32 Years, R/o House No. 14, Vinayak Vihar, Goner Road, Luniyawas, Jaipur, Rajasthan. 12. Manoj Kumar Jinwal S/o Shri Govind Narayan Jinwal,
[2025:RJ-JP:49635] (2 of 5) [CW-7536/2025] Aged About 44 Years, R/o 11, Babu Colony, Kalyan Nagar Third, Tonk Road, Sanganer, Jaipur, Rajasthan. 13. Jitendra Chomad S/o Shri Mithu Lal, Aged About 29 Years, R/o 3/929, Malviya Nagar, Jaipur, Rajasthan. 14. Hemant Kumar S/o Shri Sohan Lal, Aged About 36 Years, R/o Village Punchhari Ka Louthan, Post Barouli Chouth, Dist. Bharatpur, Rajasthan. 15. Lalit Kumar Banshiwal S/o Shri Ram Prasad Banshiwal, Aged About 46 Years, R/o 1/37 Housing Board, Guteshwar Road, Dausa, Rajasthan. 16. Rajesh Gared S/o Shri Ramchandra Gared, Aged About 35 Years, R/o Gram Post Biharipura, Tehsil Amer, Jaipur, Rajasthan. 17. Santosh Kumar Nangaliya S/o Shri Bhanwar Lal Nangaliya, Aged About 40 Years, R/o Village Post Udaipuria Tehsil Chomu, Dist.
Jaipur, Rajasthan. 18. Pintu Kumar Saini S/o Shri Johari Lal Saini, Aged About 36 Years, R/o D-300, Mahal Yojana, Jagatpura, Jaipur, Rajasthan. 19. Rajkumar Gautam S/o Late Shri Ram Charan Sharma, Aged About 45 Years, R/o Water Works Colony, Ward No. 9, Bandikui, Tehsil Baswa, Dist. Dausa, Rajasthan. 20. Sangeeta Gupta W/o Rajesh Kumar Gutpa, Aged About 46 Years, R/o 48, Deshbushan Nagar, Galta Gate, Jaipur, Rajasthan. 21. Omprakash S/o Shri Sukhdev Prasad, Aged About 49 Years, R/o Plot No. 14, Panchwati C, Kanwar Ka Bagh, Sanganer, Jaipur, Rajasthan. 22. Suman Kanwar W/o Shri Satyendra Singh, Aged About 27 Years, R/o P-112. Shyam, Enclave Colony, Sirsi Road, Panchyawala, Jaipur, Rajasthan. 23. Nawal Singh Chauhan S/o Shri Bijendra Singh Chauhan, Aged About 40 Years, R/o 34, Shanti Nagar, Lakhesra Road, Agra Road, Jaipur, Rajasthan. 24. Suresh Kumar Verma S/o Shri Nathu Ram Verma, Aged About 37 Years, R/o House No. 45, Ekta Nagar, S-Block, Keshopura, Ajmer Road, Jaipur, Rajasthan. 25. Sukhveer Singh S/o Shri Harchandri, Aged About 33
[2025:RJ-JP:49635] (3 of 5) [CW-7536/2025] Years, R/o Village And Post, Dahra, Tehsil Nadbai, Dist. Bharatpur, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through Principal Secretary Medical Health Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan. 2. Mission Director, National Health Mission, Government Of Rajasthan , Medical Health And Family Welfare, Tilak Marg, Sawathya Bhawan, Jaipur, Rajasthan. 3. Project Director, National Health Mission, Government Of Rajasthan Medical Health And Family Welfare, Tilak Marg, Sawathya Bhawan, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Himanshu Jain Mr. Apporva Agarwal For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 05/12/2025
1. Instant writ petition is preferred by petitioners with following prayer:
“a) By an appropriate writ, order and direction, the
order dated 10.11.2022 (Annexure-1) may be quashed and set aside and same may be declared contrary to the provisions of Rajasthan Contractual Hiring to Civil Posts Rules of 2022. b) By an appropriate writ, order and direction, the Respondents may be directed to conduct the exercise of the screening in the light of proviso to Rule 20 of the Rules of 2022 and accordingly Petitioners may be absorbed under the Rajasthan Contractual Hiring to Civil Posts Rules of 2022, w.e.f. date of initial appointment and accordingly all the benefits may be
[2025:RJ-JP:49635] (4 of 5) [CW-7536/2025] extended in the favour of Petitioners as available to other similarly situated employees. c) By an appropriate writ, order and direction, Respondents may be directed to regularize the services of the Petitioenrs on the post of Program Assistant and Junior Program Assistant w.e.f. date of their initial engagement with all consequential including actual financial benefits. d) By an appropriate writ, order and direction, Respondents may be directed to allow the Petitioners to discharge their duties on their respective posts till the currency of National Health Mission (Scheme) and the may not be replaced from any other set of contractual/regular employees.”
2.
Learned counsel for petitioners while referring and relying upon judgment dated 10.11.2025 in S.B. Civil Writ Petition No.549/2024 titled as Hitendra Kumar Sharma and Ors. Vs. State of Rajasthan and Ors. submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Hon’ble Court at Principal Seat, Jodhpur. He further submitted that instant writ petition be disposed of in accordance with aforesaid
order.
3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition is disposed of in light of Hitendra Kumar Sharma and Ors. Vs. State of Rajasthan and Ors. (supra), decided on basis of judgment in case of Rodu Lal & Ors. Vs. The State of Rajasthan & Ors. D.B. Civil Writ Petition No. 11737/2024, decided on 26.08.2025.
[2025:RJ-JP:49635] (5 of 5) [CW-7536/2025]
4. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended.
5. In view of aforesaid, the writ petition stands disposed of with pending application, if any.
(ASHOK KUMAR JAIN),J PREETI VALECHA /174