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2026 DAILYLAW 8974 (RAJ)

RAJU RAM GURJAR SON OF SHRI CHHAJU RAM GURJAR v. STATE OF RAJASTHAN

CW/17215/2025 · 2026-06-30

Rekha Borana

body2026

Judgment text

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[2026:RJ-JP:23918] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17215/2025 URN: CW / 39134U / 2025 1. Raju Ram Gurjar Son Of Shri Chhaju Ram Gurjar, Aged About 33 Years, Resident Of Guwada Fakala Block Thanagazi, District Alwar. 2. Geeta Devi Gurjar Daughter Of Shri Bhairu Sahai Gurjar, Aged About 30 Years, Resident Of Guwada Farwal, Block Thanagazi, District Alwar. ----Petitioners Versus 1. State Of Rajasthan, Through Secretary, Department Of Medical And Health, Secretarait, Jaipur. 2. Director, Medical And Health Services, , Government Of Rajasthan, Jaipur. 3. The Mission Director, National Health Mission (Nhm), , Swasthya Bhawan, Tilak Marg, Jaipur. 4. The Chief Medical And Health Officer, District Alwar (Rajasthan). 5. The Block Chief Medical Officer, Block Thanagazi, District Alwar (Rajasthan). 6. Government Primary Community Health Care, Kishori, Block Thanagazi, District Alwar Through Medical Officer. 7. Government Primary Community Heath Centre, Silibawri, Block Thanagazi, District Alwar Through Medical Officer. ----Respondents For Petitioner(s) : Mr. Siya Ram Sharma Mr. Dinesh Jat Ms. Gayatri Sharma For Respondent(s) : Mr. Rahul Verma Mr. Archit Bohra, AGC with Mr. Yashwant Singh HON'BLE MS. JUSTICE REKHA BORANA Order 30/06/2026 1. The present writ petition has been filed with the following prayers: “(i) To quash and set aside the impugned order dated 07.10.2025 and the subsequent tender/notification issued [2026:RJ-JP:23918] (2 of 4) [CW-17215/2025] for engagement of a new set of contractual "Machine with Man" and cleaning staff under Block Thanagazi, District Alwar; (ii) Direct the respondents to allow the petitioners to continue in service as Computer Operators ("Man with Machine") at their respective health in view centres, of their satisfactory performance and ongoing requirement; (iii) Declare that the respondents' action of replacing existing experienced workers without cause is illegal, arbitrary, and violative of Articles 14 and 16 of the Constitution; (iv) Any other order or direction as this Hon'ble High Court may deem fair, just and proper in the facts and circumstances of the case may be passed in favour of the Petitioner.” 2. An application has also been filed on behalf of the petitioners with the prayer for a direction to the respondents to release the salary/honorarium of the petitioners through the Medical Relief Society. 3. Counsel for the petitioners submits that the petitioners are continuing in service by virtue of interim order dated 03.02.2026 but then the due salary is not being paid to them by the placement agency. He submits that the respondents be directed to ensure the payment of the same to the petitioners through Medical Relief Society/directly to their bank accounts. 4. Per contra counsel Mr. Archit Bohra, learned AGC appearing for the respondent-Department submits that no cause of the petitioners survives as of date. He submits that even for the subsequent year of 2026, the work orders have been issued in favour of the same placement agencies i.e. Jain Contractor and Gainer placement agency, through which the petitioners were working. As a consequence, the petitioners who were employed through the said placement agencies, are continuing till date. [2026:RJ-JP:23918] (3 of 4) [CW-17215/2025] 5. So far as the payment of salary is concerned, Counsel submits that the same remains paid till the month of February 2026. So far as the salary for the subsequent months is concerned, communication dated 29.06.2026 has already been issued by the respondent Authority to the placement agencies to ensure the payment of the same to the petitioners. 6. Counsel submits that the amount qua salary has already been paid by the State to the placement agencies and it is the agencies only which are under an obligation to pay the same to the petitioners. Interestingly, the placement agencies have not been impleaded in the present writ petition/application. 7. After hearing the counsels and keeping into consideration the fact that the tenders for the subsequent year have also been issued in favour of the same placement agencies and the fact that the petitioners are continuing in job through the said placement agencies, this Court is of the opinion that nothing survives in the present petition and no orders now need to be passed. 8. So far as the salary part is concerned, as a communication has already been made by the State Authorities to the placement agencies, the same shall be taken care of by the State Authorities. 9. Accordingly, the present writ petition stands disposed of with a direction to the respondent-State Authorities to ensure that the placement agencies make regular payment of salary to the petitioners for the services rendered by them. If complete arrears of salary are not paid by the placement agencies within a period of 30 days from now, the respondent Authorities shall be at liberty to deduct appropriate amount from the amount to be paid by it to [2026:RJ-JP:23918] (4 of 4) [CW-17215/2025] the placement agencies, and pay the same directly to the petitioners. 10. Needless to observe that payment of any amount by the State directly to the petitioners, shall not create any equity in their favour. 11. Application stands disposed of. 12. Stay petition and pending applications, if any, stand disposed of. (REKHA BORANA),J 20/KASHISH