RAMOTAR SAINI SON OF SHRI RAMLAL SAINI v. STATE OF RAJASTHAN
CW/19728/2024 · 2026-07-01
Rekha Borana
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 9387 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9387 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:24211] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19728/2024 URN: CW / 41614U / 2024 Ramotar Saini Son Of Shri Ramlal Saini, Aged About 45 Years, Resident Of Panditpura, Panchmukhi Dhanya, Tunda Ka Bas, Bandikui, District Dausa- 303313 (Raj.). ----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of Medical And Health, Government Secretariat, Jaipur- 302005 (Raj.)
2. Chief Medical And Health Officer, Dausa, District Dausa (Raj.)
3. Block Medical And Health Oficer/ Officer Incharge Community Health Center, Bandikui, District Dausa (Raj.)
4. Principal Medical Officer, Sub District Hospital, Bandikui (Dausa.)
5. Dausa Ex Serviceman Welfare Sahkari Samiti Limited, Opposite Roadways Bus Stand, Ward No. 30, Dausa Through Its Proprietor. ----Respondents For Petitioner(s) : Mr. Iliyas Khan Mr. Vishram Prajapati For Respondent(s) : Mr. Archit Bohra, Addl. GC Mr. Yashwant Singh HON'BLE MS. JUSTICE REKHA BORANA
Order 01/07/2026
1. The present writ petition has been filed with a prayer that the respondents be restrained from discontinuing the services of the petitioner from the post of Guard which is through a placement agency.
2. The case of the petitioner is that he was working since the year 2011 and continued in the job till 18.08.2024. His services
[2026:RJ-JP:24211] (2 of 2) [CW-19728/2024] were sought to be terminated only for the reason of change of the placement agency, whereas it is the settled position of law that one set of contractual employees cannot be replaced by another one.
3.
Learned counsel for the petitioner submitted that the petitioner be permitted to file a representation before the respondent authorities and appropriate orders for decision of the said representation be passed.
4.
Learned counsel for the respondent does not oppose the said request.
5. In view of the submissions made and in view of the fact that the petitioner had been working since 2011 and further that he has been replaced by a contractual employee only, the present writ petition is disposed of with the direction to the petitioner to file a representation before the respondent Authorities, raising all his grievances, within a period of one week from now. The representation when filed, be decided by the Competent Authorities within a period of 30 days thereafter. The Authority shall be under an obligation to keep into consideration the fact that the petitioner was working since 2011.
6. With the above observation/direction, the present writ petition is disposed of.
7. Stay petition and pending application(s) if any, also stand
disposed of.
(REKHA BORANA),J 38/ANMOL