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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ASHOK KUMAR JAIN
Shalu Agarwal, D/o. Kailash Chand Agarwal – Appellant
Versus
State Of Rajasthan, Through Secretary, Medical And Heath Department – Respondent
| Table of Content |
|---|
| 1. common procedural orders in writ petitions. (Para 1 , 2 , 3) |
| 2. details of petitioner’s claims regarding bond requirements. (Para 4 , 5 , 6) |
| 3. arguments regarding the enforceability of bonds. (Para 7 , 8) |
| 4. court's analysis on bond conditions and appointment rules. (Para 9 , 10 , 11) |
| 5. undermining of prior bond conditions due to new rules. (Para 12) |
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
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-comp....
Prior appointment conditions are void following new appointments under updated rules, and enforcement of such bonds is deemed irrational and unlawful.
The court emphasized the importance of upholding the conditions stipulated in the bond and held that the respondents cannot act in breach of the condition imposed and enforce conditions of the bond b....
The court established that the resolution of 2018 cannot be made applicable to the petitioners retrospectively, and that the respondents cannot change the conditions of the bonds after they were subm....
Employment bonds are enforceable if they reflect reasonable conditions and training investments, but enhancements made retrospectively without consent are not legally sustainable.
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