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2026 DAILYLAW 20139 (RAJ)

JAVED KHAN S/O SHRI JAMEEL KHAN v. SECRETARY, MEDICAL AND HEALTH DEPARTMENT

CW/18789/2025 · 2026-02-03

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:4939] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18789/2025 1. Javed Khan S/o Shri Jameel Khan, Aged About 32 Years, R/o Husain Nagar, Bheemganj Mandi, Kota, Rajasthan. 2. Mohammad Fez S/o Mustak Ahmad, R/o B-40, Siddhi Vinayak Nagar, Kala Talab, Kota, Rajasthan. ----Petitioners Versus 1. Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan. 2. Superintendent, J.k. Lone Hospital, Kota, Rajasthan. 3. Manager, Principal Security Private Corporation, H-12, Greenpark Extension, New Delhi-110016. ----Respondents For Petitioner(s) : Mr. Kailash Chander Sharma with Ms. Nidhi Sharma For Respondent(s) : Mr. Rahul Verma for Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 03/02/2026 1. The petitioners have filed this writ petition being aggrieved by oral termination of their services on 27.05.2025. 2. It is submitted by learned counsel for the petitioners that the petitioners No.1 and 2 were initially engaged through placement agency in the year 2016 and 2018 respectively. They were continuously working till July, 2025 however, thereafter, by oral orders their services have been discontinued and in their place another set of contractual employees have been engaged by the respondents. [2026:RJ-JP:4939] (2 of 2) [CW-18789/2025] 3. On the contrary, learned counsel for the respondents opposed the writ petition and submitted that at no point of time, there was any relationship of employer and employee between the respondents and the petitioners. Petitioners' services were taken on casual basis from time to time through placement agency and as the petitioners themselves abandoned the services, therefore, under constraining circumstances, in order to discharge the over burden of work, another set of employees were engaged through placement agency. 4. Thus, disputed question of fact is involved in the instant writ petition, which cannot be adjudicated while exercising powers under Article 226 of the Constitution of India. The petitioners have not placed either their appointment order, or termination order on record. 5. In view of above, there is no scope of interference in the instant writ petition, and same is hereby dismissed. 6. Pending application(s), if any, also stand(s) disposed of. (ANAND SHARMA),J DIVYA /24