Prior appointment conditions are void following new appointments under updated rules, and enforcement of such bonds is deemed irrational and unlawful.

ORDER :

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

2. Application No.01/2025 is filed by learned counsel for petitioners to decide all connected matters in accordance with judgment dated 01.05.2025 in SBCWP No. 7728/2025 titled as Leela Kumari Vs. State of Rajasthan and Ors. passed by a Co-ordinate Bench at Principal Seat, Jodhpur.

3. 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.

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

5. For ready reference, we are reproducing prayer of lead matter Harish Kumar Yadav and Ors. and same is reproduced as under:

“(i) Issue an appropriate writ order or direction in the nature thereof thereby the order dated 15/01/2025 bearing no. F20(492)NHM/HR/CSR 22/RESIGNATION/PART/2024/74 may be quashed qua the petitioners.

(ii) Issue an appropriate writ order or direction in the nature thereof thereby the respondents may be directed to release the documents of the writ petitioners and relieving orders be issued in order for the Writ Petitioners to join their services as Nursing Officers in pursuance to the appointment order dated 09.01.2025.

(iii) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents be directed to give appointment to the petitioners as Nursing Officers after having been declared successful in the recruitment process for the post of Nursing Officer with all consequential benefits.”

6. Learned counsel for petitioners submitted that they were appointed on post of Community Health Officer (CHO) on contractual basis in 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 in 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 pursuant to 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 in pursuant to selection.

7. Learned counsel for petitioners while pursuing application No.01/2025 in light of order dated 01.05.2025 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 does 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 to 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 submitted that petitioners, after selection in pursuant to advertis