[2026:RJ-JD:2831]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 20772/2025

1. Rita D/o Sh. Bhoop Singh, W/o Sh. Ramniwas, Aged About 31 Years, R/o Vpo Meghana, Tehsil Nohar, District Hanumangarh.

2. Saroj Bala D/o Sh. Ramchandra, W/o Sh. Sandeep, Aged About 35 Years, R/o Ward No.13, Village And Post Mirzawalimar, Tehsil Tibbi, District Hanumangarh.

3. Dhapa Nain D/o Sh. Bhoop Singh, Aged About 33 Years, R/o Ward No.02, Village And Post Malwani, Tehsil Nohar, District Hanumangarh.

4. Ambika D/o Sh. Amar Singh, W/o Sh. Mukesh Kumar, Aged About 36 Years, R/o Ward No.09, Village 34 Rwd, Post Gandheli,tehsil Rawatsar, District Hanumangarh.

5. Manisha D/o Sh. Shishpal, W/o Sh. Brijmohan, Aged About 32 Years, R/o Village Poharka, Tehsil Nohar, District Hanumangarh.

6. Manju Chohan D/o Sh. Jile Singh, Aged About 32 Years, R/o Ward No.09, Anoopshahar, District Hanumangarh.

7. Harkori D/o Shri Roop Singh, W/o Shri Badrinarayan Rajwa, Aged About 44 Years, Resident Of Village- Dhani Ranwan, Post Dudhwa Khara, District- Churu.

----Petitioners Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, Medical And Health And Family Welfare And Panchayat Raj (Medical And Health) Department, Rajasthan, Jaipur.

2. The Mission Director, Medical And Health Department Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.

3. The Project Director Family Welfare Medical And Health Department Rajathan, Swasthya Bhawan, Tilak Marg, Jaipur.

4. The Director Finance Medical And Health Family Welfare Department Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.

5. Chief Medical And Health Officer, Nagaur, Rajasthan.

6. Chief Medical And Health Officer, Hanumangarh, Rajasthan.

7. Chief Medical And Health Officer, Jodhpur, Rajasthan. 8. Chief Medical And Health Officer, Bikaner, Rajasthan.

9. Chief Medical And Health Officer, Sikar.

----Respondents For Petitioner(s) : Mr. K.R. Saharan For Respondent(s) : Mr. Tanuj Jain for Mr. Mukesh Dave, AGC HON'BLE MS. JUSTICE REKHA BORANA

Order

16/01/2026

1. Counsel for the petitioners submits that the issue rests covered by the Division Bench judgment in Radu Lal & Ors. Vs. The State of Rajasthan & Ors.; D.B. Civil Writ Petition No.11737/2024 and other connected matters (decided on

26.08.2025).

2. Counsel relied upon a judgment of Co-ordinate Bench of this Court in Rakesh Kumar & Ors. Vs. State of Rajasthan & Ors. S.B. Civil Writ Petition No.12679/2020 and other connected matters (decided on 17.10.2025) whereby while relying upon Radu Lal (supra), the Court passed certain directions.

3. Counsel for the respondents submits that similar directions as in Rakesh Kumar (supra) be passed in the present writ petition too.

4. In Radu Lal (supra), the Court directed as under:

“42. For the aforesaid reasons, the writ petitions are allowed in the following terms :

(i) The respondents shall consider the individual case of each contractual employee, appointed prior to enforcement of the Rules of 2022 strictly in accordance with Rule 3 of the Rules of 2022, meaning thereby, that if an employee has been appointed on a post created by the Administrative Department with the concurrence of the Finance Department and the appointment has been through issuance of a public advertisement further without there being any differentiation whether the public advertisement has been issued by the State Government or by the placement agency.

(ii) If the case of the individual is in conformation with the Rule 3 of the Rules of 2022, as interpreted above, then the benefit of the Rules of 2022 shall be extended to such petitioners.”

5. In Rakesh Kumar (supra), the Court while deciding the petitions in terms of Radu Lal (supra), further directed as under:

“5. Keeping in mind the law enunciated in the order passed in Rodu Lal (supra), the present writ petitions are also allowed in the same terms and manner as laid down therein. However, it is observed that the appointment letters of certain petitioners have either not been brought on record