[2025:RJ-JP:44147] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16174/2025 Pawan Kumar Mathuriya S/o Shri Brijendra Singh, Aged About 25 Years, R/o Ward No. 16 Bharatpur Gate, Khumher District Deeg Presently Working As A Pharmacist At Chc Deeg. ----Petitioner Versus 1. The State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical Health And Family Welfare, Govt. Of Rajasthan, Secretariat, Jaipur. 2. The Director, Medical And Health Services, Govt. Of Rajasthan, Swasthya Bhawan, Jaipur. 3. The Chief Medical And Health Officer, Deeg 4. Medical Officer-In-Charge Community Health Centre, Deeg 5. M/s Next Vision Services Private Limited, Through Secretary, 46/45 Rajat Path Mansarovar Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sukhraj Singh Rathore For Respondent(s) : Mr. Archit Bohrra, AGC with Mr. Prakhar Jain HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/10/2025 1. Mr. Archit Bohra, AGC accept notice on behalf of the respondent Nos.1 to 5. Office is directed to reflect his name in the cause list. 2. Instant writ petition is preferred by the petitioner with following prayer:- “i) The Impugned order dated 26.09.2025 may kindly be quashed and set aside by declaring the same as perse illegal, arbitrary malafide. [2025:RJ-JP:44147] (2 of 3) [CW-16174/2025] ii) The action of the respondents while terminating the service of the petitioner from the post of pharmacist on the ground of availability of regularly selected Medical Officer (Dentist)despite the fact that post is still lying vacant, may kindly be declared per se illegal arbitrary and contrary to the previsions of constitution of India. iii) The respondents may also kindly be directed to reinstate the service of the petitioners the post of Pharmacist and they be permitted to continue their service on their respective place with all consequential service benefits. iv) Any other order which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case also be passed in favour of humble Petitioners along with cost of writ petition.” 3. Learned counsel for the petitioner while referring order dated 30.07.2024 in S.B. Civil Writ Petition No.12243/2024 : Shruti Moyal and Ors. Vs. The State of Rajasthan and Ors. decided by a Co-ordinate Bench of this Court at Principal Seat, Jodhpur and submits that the writ petition be disposed of in accordance with the judgment as referred hereinabove. 4. Having considered the submissions of learned counsel for the parties, it is appropriate to dispose of the writ petition in terms of ratio laid down in case of Shruti Moyal and Ors. Vs. The State of Rajasthan and Ors. (supra). Thus, the writ petition is disposed of with the directions to the respondent Nos.1 to 4 to ascertain the number of vacancies available with them and if they desirous to take service of the petitioner on available post, the petitioner may be adjusted or accommodated to serve this post till the regular selected candidates are available with the respondent Department. [2025:RJ-JP:44147] (3 of 3) [CW-16174/2025] 5. It is made clear that if the petitioner is not discharging his duties satisfactorily, the respondents will be free to discharge him from the employment. 6. With the aforesaid, the writ petition stands disposed of with pending application, if any. (ASHOK KUMAR JAIN),J MR/297