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2026 DAILYLAW 9930 (RAJ)

NARESH KUMAR SHARMA S/O SHRI RAMNIWAS SHARMA v. THE STATE OF RAJASTHAN

CW/10934/2026 · 2026-07-03

Rekha Borana

body2026

Judgment text

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[2026:RJ-JP:24783] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10934/2026 URN: CW / 24267U / 2026 1. Naresh Kumar Sharma S/o Shri Ramniwas Sharma, Aged About 32 Years, R/o Village Bansrai, Post Nadanpur, Tehsil Baseri, District Dholpur (Raj.) 2. Subhash Chand Sharma S/o Shri Shashikant Sharma, Aged About 31 Years, R/o Village Horifula Basti, Sarmathura, District Dholpur (Raj.). 3. Deepak Kumar Sharma S/o Shri Chiranji Lal Sharma, Aged About 35 Years, R/o Purana Kila, Sahani Pada, Sarmathura, District Dholpur (Raj.). 4. Vijay Kumar S/o Shri Sadhu Singh, Aged About 44 Years, R/o Khir Potha, Tiwari Thok, Baseri, District Dholpur (Raj.). ----Petitioners Versus 1. The State Of Rajasthan, Through Its Secretary, Medical And Health Department, Government Of Rajasthan, Jaipur. 2. The Director, Medical And Health Services, Government Of Rajasthan, Jaipur. 3. The Chief Medical And Health Officer, Dholpur, District Dholpur (Raj.). 4. The Medical Officer Incharge, Govt. Community Health Centre, Sarmathura, District Dholpur (Raj.). 5. The Medical Officer Incharge, Govt. Community Health Centre, Baseri, District Dholpur (Raj.). 6. The Rajasthan Medicare Relief Society, Community Health Centre, Sarmathura, District Dholpur, Through Its Member Secretary (Raj.). 7. The Rajasthan Medicare Relief Society, Community Health Centre, Baseri, District Dholpur, Through Its Member Secretary (Raj.). ----Respondents For Petitioner(s) : Mr. Sunil Kumar Singodiya [2026:RJ-JP:24783] (2 of 4) [CW-10934/2026] For Respondent(s) : Mr. Archit Bohra, AGC Mr. Yashwant Singh Mr. Rahul Verma HON'BLE MS. JUSTICE REKHA BORANA Order 03/07/2026 1. The present writ petition has been filed aggrieved of order dated 12.06.2026 whereby the services of the petitioners have been terminated w.e.f. the same date on the pretext that financial sanction qua year 2026-2027 for the posts of Lab Technician and Lab Assistant on which they were working, had not been granted. 2. However, Counsel for the respondents submits that because of a new Scheme “Hub & Spoke Model” been adopted by the State, the services of the Lab Technicians and Lab Assistants earlier working through placement agencies, have been sought to be terminated. Counsel while relying upon the Co-ordinate Bench Judgment of this Court in S.B. Civil Writ Petition No. 7228/2026; Manish Dotasara Vs. State of Rajasthan and Ors. (decided on 29.04.2026) submitted that the issue has already been settled and the Court has declined to interfere with the Scheme. However, keeping into consideration the fact that the State had already directed the agency to absorb the earlier working employees on priority basis, therein, the Court passed the following directions which take care of the reliefs as prayed for by the petitioners:- “i. This Court is not inclined to interfere in the order of termination, however, the respondents, who had already instructed to the private entity which is offering consolidated services of infrastructure as well as manpower to take the services of the [2026:RJ-JP:24783] (3 of 4) [CW-10934/2026] petitioners and in view thereof, it is an obligation on part of the respondents to see that the persons, who are working under the old scheme, if they are willing to work, they shall be continued their services under the new scheme also. ii. It is also responsibility of the respondents to see that the pay protection, which is extended to the manpower of similar nature of duties, who are sponsored from outsourcing agencies, if the Government is taking services, shall also be directed to be adopted by the labs, under which, the new scheme is executing.” 3. Counsel for the petitioners however submits that the petitioners had been working under the Medicare Relief Society and not with/through any placement agency. Hence, even if they are merged with the placement agency now, their rights which would arise or have arisen because of the long term employment, would definitely be hampered. Counsel submits that such rights of the petitioners deserve to be protected. 4. After hearing the Counsels and perusing the judgment in Manish Dotasara (supra), this Court is of the clear opinion that the pay as being paid to the present employees has already been protected by the Court. So far as the petitioners having been working with the Medicare Relief Society and not with any placement agency is concerned, it is hereby observed that if any rules are introduced by the State Government in future to regularise the services of such employees, the services of the present petitioners for the period which they worked with the Medicare Relief Society would definitely be taken into consideration and they would be entitled to claim the benefit of such period of service. The present merger of the petitioners with [2026:RJ-JP:24783] (4 of 4) [CW-10934/2026] a placement agency would not effect/hamper any of such rights of the petitioners. 5. With the above observation, the present writ petition is disposed of. 6. Stay application and pending application(s), if any, stand disposed of. (REKHA BORANA),J 10/SHIVAM