The Rules of 2022 regulate contractual employment, ensuring equal treatment for employees appointed through placement agencies if they meet specified criteria.

ORDER :

FARJAND ALI, J.

1. The instant Civil Writ Petition have been preferred under Article 226 of the Constitution of India for regularization of the services of the petitioners appointed under the Project of National Rural Health Mission.

2. Briefly stated that facts of the case are that the Government of Rajasthan through its Department of Medical, Health and Family Welfare has been operating a professionally managed emergency response service, initially known as the 108 Ambulance Service Project, which was later integrated and renamed as the Integrated Ambulance Services – Dial an Ambulance Service Project from the year 2015-16 onwards. Presently, the project includes 108 Ambulances, 104 Janani Express, and base ambulances. The petitioners have been working in this project on a contractual basis on the post of EMT (GNM). The said project is operated by the National Health Mission (NHM) through a service provider under the control and supervision of the State Health Society and the respective District Health Societies. It is further stated that there exist two sets of contractual employees in the said project— one engaged through RMRS and the other through the service provider both performing similar nature of duties on equivalent posts. On 01.01.2019, the State Government constituted a Committee comprising various Ministers for addressing the issues of contractual employees, including matters relating to wages and regularization. The first meeting of the said Committee was held on 08.01.2019, wherein it was resolved to seek details of all contractual employees working in different departments for the purpose of considering regularization of their services. In furtherance thereof, on 18.01.2019, the Department of Personnel directed all departments to furnish details of contractual employees. Pursuant to this, during the period between 08.01.2019 and 30.01.2019, the Medical Department also sought information from the concerned CMHOs and CMOs regarding contractual employees. Initially, the National Health Mission decided to forward information of all contractual employees, including those working under the Integrated Ambulance Services, whether through placement agencies or service providers, to the Committee. However, on 09.08.2019, the Project Director, NHM issued directions for providing information only in respect of contractual employees directly engaged under NHM and specifically excluded those working through NGOs or service providers. Consequently, while details of contractual employees working under direct agreements were forwarded to the Committee, the information of similarly situated employees like the petitioners, engaged through the service provider in the same project, was not forwarded. Aggrieved thereby, the petitioners submitted a representation before the Director, NHM on 18.01.2019, but no action was taken thereon, compelling them to approach this Court by way of filing the present writ petition.

3. I have heard the learned counsel for the petitioners and learned counsel for the respondents and perused the material as made available to the Court.

4. Learned counsel for the parties submit that the instant matter is squarely covered by an order passed by the Division Bench of this Court in D.B. Civil Writ Petition No.11737/2024 (Rodu Lal & Ors. Vs. The State of Rajasthan) decided on 26.08.2025 wherein while allowing the bunch of Writ Petitions. The relevant part of the said order is being reproduced as under:-

26. Undisputedly, the petitioners and similarly situated persons have been appointed admittedly on the post created by the Administrative Department with the concurrence of the Finance Department. They are working on contract basis. Therefore, the contention of the respondents that the individuals appointed through the place