[2025:RJ-JP:46813] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10621/2025 1. Narendra Singh Son Of Nand Singh, Aged About 37 Years, Resident Of Ram Nagar Colony, Nearby Ganesh School, Oil Factory, Baran, District Baran (Raj.) 2. Jamaludeen Son Of Aladeen, Aged About 41 Years, Resident Of Balaji Ka Mandir, Siswali, District Baran (Raj.) 3. Vikas Shrotriya Son Of Mahesh Sharma, Aged About 30 Years, Resident Of Naiyo Ke Mandir Pas, Atru, District Baran (Raj.) 4. Narendra Kumar Vaishnav Son Of Ghasilal, Aged About 36 Years, Resident Of Village Daulatpura, Post Namorighata, Tehsil Chhipa Badaud, District Baran (Raj.) 5. Niranjan Kumar Suman Son Of Devkaran Suman, Aged About 35 Years, Resident Of Maliyo Ka Mohalla, Bamuliya Jagir, Tehsil And District Baran (Raj.) 6. Arun Kumar Sharma Son Of Ramgopal Sharma, Aged About 41 Years, Resident Of Village Majhari, Tehsil Shahbad, District Baran (Raj.) ----Petitioners Versus 1. State Of Rajasthan, Through Additional Chief Secretary Panchayati Raj Department, Government Secretariat, Jaipur. (Raj.) 2. The Secretary Department Of Personnel, Government Of Rajasthan, Secretariat, Jaipur. 3. 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 4. The Chief Executive Officer Cum Member Secretary Dsm, Zila Parishad Baran. 5. The Development Officer Panchayat Samiti Chhipa Badaud, District Baran. 6. The Development Officer Panchayat Samiti Anta, District Baran. [2025:RJ-JP:46813] (2 of 4) [CW-10621/2025] 7. The Development Officer Panchayat Samiti Shahbad, District Baran. 8. The Development Officer Panchayat Samiti Mangrole, District Baran. ----Respondents For Petitioner(s) : Mr. G.S. Gouttam For Respondent(s) : Mr. Saurabh Sharma for Mr. Kapil Prakash Mathur HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 19/11/2025 1. Instant writ petition is preferred by the petitioners with following prayer:- “a) The Hon'ble Court 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 engaging the employee through placement agency and directed to the respondents to engage the in the petitioners/candidates scheme and project of the government directly or on contract basis and also pay the salary directly; b) The Hon'ble Court may kindly be quashed and set aside the order dated 23.05.2025 qua the petitioners post i.e. Accountant and Block Coordinator by declare illegal and arbitrary and to allow to continue the petitioners on the post of Accountant and Block Coordinator in Swachh Bharat Mission scheme with all consequential benefits; c) May kindly be issue direction to the respondents to not replace the petitioners from another set-up of contractual employee direct or through placement agency in garb of order dated 23.05.2025 only to take service through new placement agency i.e. Aravali Sansthan; d) Further may kindly be declare illegal action of the respondents by which respondents want to replace the petitioners from same set-up of contractual/through placement agency employee in garb of order dated [2025:RJ-JP:46813] (3 of 4) [CW-10621/2025] 23.05.2025 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. Mr. Saurabh Sharma on behalf of Mr. Kapil Prakash Mathur, put in appearance on behalf of the respondents. 3. Learned counsel for the petitioner while placing reliance upon order dated 26.08.2025 passed by Hon’ble Division Bench of this Court at Principal Seat, Jodhpur in D.B. Civil Writ Petition No.11737/2024 (Rodu Lal and Ors. Vs. State of Rajasthan and Ors.) submits that issue raised herein is already answered by the Division Bench of this Hon’ble Court at Principal Seat, Jodhpur and the writ petition be disposed of in the same terms. 4. Having considered the submissions and also considered the issue herein the writ petition is disposed of in same terms in following manner:- “(i) The respondents shall consider the individual case of each contractual employee, appointed prior to enforcement of the Rules of 2022 strictly in accordance with Rule 3 of the Rules of 2022, meaning thereby, that if an employee has been appointed on a post created by the Administrative Department with the concurrence of the Finance Department and the appointment has been through issuance of a public advertisement further without there being any differentiation whether the public advertisement has been issued by the State Government or by the placement agency. (ii) If the case of the individual is in conformation with the Rule 3 of the Rules of 2022, as interpreted above, [2025:RJ-JP:46813] (4 of 4) [CW-10621/2025] then the benefit of the Rules of 2022 shall be extended to such petitioners. 5. With the aforesaid, the instant writ petition stands disposed of with pending application, if any. (ASHOK KUMAR JAIN),J MR/305