Employment bond conditions from prior appointments become void after subsequent appointments under new rules that do not require such bonds, ensuring no punitive action against employees for non-compliance.

ORDER :

ASHOK KUMAR JAIN, J.

1. Mr. Archit Bohra, AGC accepts notice on behalf of respondents.

2. These writ petitions filed with common question of law, hence tagged together and disposed at this stage with consent of the counsels for the parties as Mr. Archit Bohra, AGC put in appearance on behalf of respondents in all the matters.

3. Office is directed to reflect name of Mr. Archit Bohra, AGC as counsel for respondent.

4. This Court has also considered identical issue in case of S.B. Civil Writ Petition No. 845/2025 titled as “ Harish Kumar Yadav Vs. State of Rajasthan and connected matters ”, order dated 30.10.2025. Considering disposal in Harish Kumar Yadav Vs. State of Rajasthan (supra) we are disposing of the current petition in same manner

5. For ready reference, we are reproducing prayer of lead matter Shalu Agarwal & Ors. Vs The State of Rajasthan & Anr. and same is reproduced as under:

“(1) That, kindly call for record of petition and may kindly be perused.

(2) That, kindly direct the respondents to allow the petitioners to join on the post of Nursing Officer without insisting to comply with the condition of bond of Five Lacs as per condition of advertisement dated 31.08.2020.

(4) To give direction to the respondents to relieve petitioners for joining on the post of Nursing Officer without compliance of condition of Five Lacs as per advertisement dated 31.08.2020.

(5) Any other appropriate order direction or relief which this Hon’ble Court deems fit and proper in the interest of justice may also be passed in favour of the petitioners and cost of writ petition may also be passed.”

6. Learned counsel for petitioners submitted that they were appointed to post of Community Health Officer (CHO) on contractual basis pursuant to advertisement dated 31.08.2020 and one of the condition of the appointment was that the candidate has to submit a bond of Rs. 5 lacs on a non- judicial stamp paper of Rs. 500/-, duly notarized to serve at SHC-HWC for a period of 5years before joining the bridge course. He further submitted that in pursuant to advertisement dated 05.05.2023, the petitioners have applied for the post of Nursing Officer and pursuant to guidelines for document verification for said post, the candidature of petitioners were either declined on the ground that petitioners have executed an employment bond in pursuance of advertisement dated 31.08.2020 for a period of 5 years or they have not deposited bond amount, so they are not eligible for appointment for the post of Nursing Officer. He further submitted that either the petitioners were forced to deposit Rs. 5 lac or they were not afforded appointment pursuant to selection.

7. Learned counsel for petitioners while relying on order dated01.05.2025 in case of Leela Kumari Vs. State of Rajasthan and Ors. (supra) by a Co-ordinate Bench of this Hon’ble Court at Principal Seat, Jodhpur submitted that subsequent to advertisement dated 31.08.2020 the State Government has promulgated Rajasthan Contractual Hiring to Civil Post Rules, 2022 (hereinafter referred as ‘the Rules of 2022’) and in pursuant to said rules, the petitioners were appointed on contractual basis for a fresh term of 5years. He further submitted that Rules of 2022 do not prescribe for any such bond as prescribed under the advertisement dated 31.08.2020, therefore the respondents cannot pursue and execute employment bond executed by the petitioners in pursuant advertisement dated 31.08.2020. He also submitted that both the posts are in same department under the Government of Rajasthan.

8. Aforesaid contentions were opposed by learned counsel for respondents and he