[2026:RJ-JP:17325] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16206/2025 1. Ram Singh Yadav Son Of Shri Tejpal Yadav, Aged About 36 Years, Resident Of Village Lalgarh, Post Jalsu, Tehsil Amer, District Jaipur 2. Jitendra Kumar Goshliya Son Of Shri Sunder Singh Goshliya, Aged About 25 Years, Resident Of Village Parmanpura, Post Gulabbari, Tehsil Shahpura, District Jaipur 3. Suresh Sharma Son Of Shri Lala Ram Sharma, Aged About 27 Years, Resident Of Gagoriya Ki Dhani, Village Chithwari, Tehsil Chomu, District Jaipur 4. Kanhaiya Lal Sharma Son Of Shri Girdhari Lal, Aged About 30 Years, Resident Of Village Gilariya Ki Dhani, Post Morija, Tehsil Chomu, District Jaipur 5. Sedhu Ram Gurjar Son Of Shri Sadhu Ram Gurjar, Aged About 38 Years, Resident Of Gujaro Ki Dhani, Village Devpura, Tehsil Chomu, District Jaipur 6. Surendra Kumar Nitharwal Son Of Shri Sedhu Ram, Aged About 27 Years, Resident Of Thakar Singh Dhani, Village Nangal Bharda, Tehsil Chomu, District Jaipur 7. Virendra Kumar Saini, Son Of Shri Om Prakash Saini, Aged About 31 Years, Resident Of Village And Post Nayan, Tehsil Shahpura, District Jaipur 8. Umesh Kumawat Son Of Shri Shankar Lal Kumawat, Aged About 37 Years, Resident Of Rawato Ki Dhani, Village And Post Udaipuria, Tehsil Chomu, District Jaipur 9. Ram Swaroop Gurjar Son Of Shri Goma Ram Gurjar, Aged About 34 Years, Resident Of Ward No. 1, Village Sultanpura, Post Bansa, Via Samod, District Jaipur ----Petitioners Versus 1. State Of Rajasthan, Through The Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat, Jaipur 2. Director, (Public Health), Directorate Of Medical And Health Services, Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur 3. Joint Director, Directorate Of Medical And Health Services, Rajasthan, Zone Jaipur, Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur 4. The Member Secretary, Medicare Relief Society, Chomu, District Jaipur 5. The Principal Medical Officer And In-Charge, Government Sub District Hospital, Chomu, District Jaipur 6. The Nodal Officer, MNJY Yojana, Department Of Medical And Health Services, Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur. ----Respondents [2026:RJ-JP:17325] (2 of 4) [CW-16206/2025] For Petitioner(s) : Mr. Pradeep Kalwania. For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 23/04/2026 1. Heard for final disposal. 2. The present writ petition has been filed seeking a direction to the respondents not to replace/terminate/substitute the services of the petitioners with any other contractual employees and also to direct the respondents to release the due salary including arrears. 3. The case of the petitioners is that the petitioners were working on a contractual basis for the financial year 2024-25. They were initially appointed through an outsourcing agency and subsequently, their services were taken by entering into a direct contract with the respondents. Their tenure was extended from time to time annually. The last extension was done in 2024-25 which was in force till 31st March, 2025. Subsequently, though they were allowed to work but no remuneration was paid to them. It is their apprehension that their services may be terminated and they will be replaced by another set of employees even though they continue under the scheme. 4. The reply of the respondents shows that the budget for the financial year 2025-26 was sanctioned only for two posts i.e. one post of Lab Technician and one post of Lab Assistant and the other persons were discontinued. It is not known either from the pleadings of the parties or from the record relied upon by them as [2026:RJ-JP:17325] (3 of 4) [CW-16206/2025] to who are the two persons among the existing employees who are retained for the sanctioned budget. 5. Having gone through the contentions and claims of both the parties, this Court finds that the petitioners are engaged on contractual basis; their contract is extended year-wise; the contract for the year 2025-26 was extended only for two persons; and it is not known who are the two persons who were chosen among the existing contractual employees. The respondents cannot terminate the services of the petitioners by replacing them with another set of employees when the scheme is continued. When the scheme is not continued, the petitioners have no vested right to continue on contract. The respondents are also under legal obligation to pay the salary which the petitioners are entitled to for the period they worked during the valid extension of contract between them for the financial year 2024-25; that means they are entitled to the salary up to 31st March 2025. 6. In the said circumstances, the writ petition is disposed of with the following directions: i. The respondents are directed to pay the arrears of salary up to 31st March 2025 after verifying the number of days the petitioners worked. The calculation has to be done in this respect and payment of arrears should be done within a period of one month from the date of receipt of this order. ii. The respondents are also directed not to replace the services of the petitioners with a new set of employees if they continue the scheme. [2026:RJ-JP:17325] (4 of 4) [CW-16206/2025] iii. If the scheme is discontinued and subsequently revived, the petitioners' case shall be given priority, depending upon their experience and merit, while recruiting persons. iv. Liberty is also given to the petitioners to make a representation for allowing them to be taken into service. If any such representation is made and if the scheme continues, their candidature shall be considered. v. If any services are illegally taken without extending the contract, the petitioners are at liberty to recover their remuneration from the concerned Superintendent of the hospital who allowed the petitioners to discharge services without extension of their contract. 7. All pending applications, if any, stand disposed of. (MUNNURI LAXMAN),J 95 - Bhumika