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2026 DAILYLAW 18506 (RAJ)

PAWAN KUMAR GUPTA S/O SHRI RAM CHARAN GUPTA v. STATE OF RAJASTHAN

CW/11609/2021 · 2026-02-16

Ashok Kumar Jain

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Judgment text

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[2026:RJ-JP:7258] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11609/2021 1. Pawan Kumar Gupta S/o Shri Ram Charan Gupta, Aged About 31 Years, R/o Near Pokra Panchayat, Keshoraipatan, Dist. Bundi. Rajasthan. 2. Dinesh Kumar Sharma S/o Shri Kishan Sharma, Aged About 28 Years, R/o Near Chipo Ke Nohre, Keshoraipatan, Dist. Bundi, Rajasthan. 3. Preetash Sen S/o Shri Chothmal Sen, Aged About 35 Years, R/o Nirsi Gali, Keshoraipatan, Dist. Bundi, Rajasthan. 4. Himanshu Jain S/o Shri Ajeet Jain, Aged About 32 Years, R/o Near Keshav Mandir, Keshoraipatan, Dist. Bundi, Rajasthan. 5. Rajesh Malav S/o Shri Babu Lal Malav, Aged About 30 Years, R/o Shankar Colony, Near Reliance Tower, Keshoraipatan, Dist. Bundi, Rajasthan. 6. Devendra Meghwal S/o Shri Ladu Lal, Aged About 29 Years, R/o Patwar Bhawan, Keshoraipatan, Dist. Bundi, Rajasthan. 7. Asif Raza Ansari S/o Shri Farooq Ahmed, Aged About 29 Years, R/o Fatima Colony, Keshoraipatan, Dist. Bundi, Rajasthan. 8. Ashok Kumar S/o Shri Kailash Chand Nama, Aged About 35 Years, R/o Nirasi Gali, Keshoraipatan, Dist. Bundi, Rajasthan. 9. Sanjay Sen S/o Shri Girraj Sen, Aged About 23 Years, R/o Moola Mohalla, Keshoraipatan, Dist. Bundi, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through Principle Secretary Department Of Local Self Government, Secretariat, Jaipur. 2. Director Local Self Government Department, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur 16 Rajasthan. 3. Nagar Palika Keshoraipatan, Throughj Its Executive Officer, Keshoraipatan, Dist. Bundi, Rajasthan. [2026:RJ-JP:7258] (2 of 5) [CW-11609/2021] ----Respondents For Petitioner(s) : Ms. Apoorva Agarwal for Mr. Himanshu Jain For Respondent(s) : Mr. Sharad Joshi, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/02/2026 1. Instant writ petition is filed by petitioners with following prayer:- (i) By appropriate writ or direction, the impugned action of the respondents while not regularizing the services of the petitioners be declared bad and illegal and they may be directed to regularize the services of the petitioner with all consequential benefits. (ii) By appropriate writ or order or directions, respondents be directed to grant minimum of the pay scale on the post which Petitioners are working with all consequential benefits. (iii) By appropriate writ or order or directions, Respondents may be directed to act upon the minutes of meeting dated 12.09.2018 and 18.03.2020 wherein resolution has been taken by the competent authority to regularize the services of the Petitioners. (iv) By appropriate writ or order or directions, Respondents may be directed to proceed with the order dated 30.05.2019, 05.08.2020, 21.10.2020 and 08.12.2020 and accordingly conduct exercise for regularizing the services of the Petitioners. [2026:RJ-JP:7258] (3 of 5) [CW-11609/2021] (v) By appropriate writ or order or directions, Respondents may be directed to allow the Petitioners to work directly under them and Placement Agencies may be removed. 2. During course of argument, learned counsel for petitioner(s) while placing reliance upon judgment dated 02.09.2016 in SB CWP No.5231/2013 Rajesh and Anr. Vs. State of Rajasthan and Anr., judgment dated 22.01.2021 in SB CWP No.3435/2019 Dalip Singh and Ors. Vs. State of Rajasthan and Ors. and order dated 20.03.2017 in SB CWP No.953/2017 and other connected matters Pankaj Kumar Upadhyay Vs. State of Rajasthan and Ors. submits that the petitioners are already working as contractual employee with respondents. He further referred judgment in case of Rodu Lal Vs. State of Rajasthan in DB Civil Writ Petition No.11737/2024 decided by a Division Bench of this Court at Principal Seat, Jodhpur on 26.08.2025 and further relied and followed in SB CWP No.549/2024 Hitendra Kumar Sharma Vs. State of Rajasthan submits that the petitioners are entitled for minimum pay scale and absorption under the Contractual Hiring of Civil Posts Rules, 2022 (hereinafter referred as “Rules of 2022”). 3. Learned counsel for respondents submits that petitioner(s) are working in contractual capacity but if they pray for consideration and absorption under the Rules of 2022, then they may submit a representation and subject to screening by the Screening Committee appropriate order may be passed by the respondents. [2026:RJ-JP:7258] (4 of 5) [CW-11609/2021] 4. Having considered the submissions and also the judgments as referred by learned counsel for petitioners, it is appropriate to dispose of the writ petitions along with all pending application with liberty to the petitioner(s) to submit a representation for consideration of their absorption under the Rules of 2022 as directed by a Division Bench of this Court at Principal Seat in case of Rodu Lal (supra). 5. Considered the grievance raised herein, the petitioner(s) are given a liberty to submit a representation to the respondents-Authority within a period of 60 days raising all grounds and the respondents-Authority are directed to consider and decide the representation in light of ratio laid down in case of Rodu Lal (supra), and Rules of 2022 but in case of deviation, decide with a reasoned and speaking order within a period of 60 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the decision to the petitioner(s) either by way of speed post or through E-mail, if petitioner(s) have provided E-mail in their representation. 6. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner(s), then same benefits be extended, and the petitioner(s) be absorbed under the Rules of 2022. 7. In case, any of the petitioner(s) is not absorbed under the Rules of 2022 or not found suitable for absorption under the Rules of 2022 and his representation is rejected by the respondent authority then the services of concerned [2026:RJ-JP:7258] (5 of 5) [CW-11609/2021] petitioner(s) shall not be terminated except adopting the principle of natural justice. 8. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /110