GAURAV KUMAR SON OF SHRI RAM SINGH SONI v. STATE OF RAJASTHAN
CW/18265/2024 · 2025-11-21
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46453 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46453 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:47334] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18265/2024 Gaurav Kumar Son Of Shri Ram Singh Soni, Aged About 34 Years, Resident Of Ward No. 15, Mahadev Colony, Kishangarhbas, District Alwar (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Additional Chief Secretary, Panchayati Raj Department, Government Secretariat, Jaipur. (Raj.)
2. The Director (Rural), Swachh Bharat Mission, Directorate, Swachh Bharat Mission (Rural), Rural Development And Panchayati Raj Department, Ist Floor, Chaupal Vishranti Grih, Badodiya Basti (Near Jaipur Junction), Jaipur. 302006
3. The District Collector, District Alwar.
4. The Chief Executive Officer Cum Member Secretary Dsm, Zila Parishad Alwar.
5. The Prabhari Adhikari, Swachh Bharat Mission (Rural), Zila Parishad, Alwar.
6. The Yeforum Enterprises, Sector 29, Pratap Nagar, Jaipur Through Proprietor.
7. Ashok Kumar, District Project Coordinator, Posted In Place Of Petitioner In Swachh Bharat Mission (Rural) Scheme, In The Office Of Chief Executive Officer Cum Member Secretary, Zila Parishad, Alwar. ----Respondents For Petitioner(s) : Mr. G.S. Gottam For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 21/11/2025
1. Instant writ petition has been filed by the petitioner with following prayers:
“a) The Hon'ble Court may kindly be quashed and set aside the letter dated 09.10.2024 qua the petitioner's post by declare
illegal
and arbitrary and to allow to continue the petitioner
on
the
post
of
[2025:RJ-JP:47334] (2 of 3) [CW-18265/2024] District Project Coordinator in Swachh Bharat Mission scheme Zila Parishad, Alwar
with
all
consequentia. benefits; b) Further may kindly be declare illegal and discriminatory action of the respondents
by which respondents after framing the rule i.e. Rajasthan Contractual Hiring to Civil Post
rule,
2022
as
a welfare
state,
have
still engage the employee through placement agency and directed to the respondents to
engage
the petitioner/candidates in the scheme and project of the government directly and on contract basis and also pay the salary directly c) May kindly be issue direction to the respondents to not replace the petitioner from another set-up of contractual employee direct or through placement agency in garb of letter dated 09.10.2024 (Ann. 7) d) Further may kindly be declare illegal action of the respondents by which respondents want to replace the petitioner from same set-up of contractual/through placement agency employee in garb of letter dated 09.10.2024 (Ann. 7) by ignoring the principle laid down by the Hon'ble High Court in case of Shishupal Saini (Supra) that the contractual employee direct /through placement agency employee cannot
be
replace
by
the another
same
set-up
of contractual employee direct/through placement agency employee if the scheme
is
continue; e) Any other order or direction which this Hon'ble court deems just and proper may
also be passed in favour of the petitioner..”
2.
Learned counsel for petitioner while referring and relying upon judgment dated 26.08.2025 in S.B. Civil Writ Petition No. 11737/2024 titled as “Rodu Lal & Ors. Vs. The State of Rajasthan & Ors.” submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this
[2025:RJ-JP:47334] (3 of 3) [CW-18265/2024] 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 petitioners and also material placed on record, the writ petition is
disposed of in light of Rodu Lal (supra) passed by this Court at Principal Seat, Jodhpur.
4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents- Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to decide the representation in light of ratio laid down in case referred hereinabove, but in case of deviation, with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the order, the respondents are under an obligation to communicate the order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition.
5. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J CHETNA BEHRANI /159