[2025:RJ-JD:43087]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11119/2021 Dr. Mahendra Singh Meena S/o Shri Prem Singh Meena, Aged About 45 Years, Presently Working As Chief Medical Officer, Nagaur, Resident Of House No. 34, Sant Balram Das Colony, Nagaur.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Secretariat, Jaipur (Rajasthan).

2. The Director, Medical And Health Department, Jaipur (Rajasthan).

3. The Chief Medical And Health Officer, Nagaur.

----Respondents Connected With S.B. Civil Writ Petition No. 12454/2020 Dr. Surendra Singh Shekhawat S/o Shri Bhairun Singh Shekhawat, Aged About 47 Years, Resident Of H.n. 551, Mohan B Sector, Bjs Colony, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary To The Medical And Health Department, Secretariat, Jaipur (Rajasthan).

2. The Director, Medical And Health Department, Jaipur (Rajasthan).

3. The Principal Medical Officer, District Hospital, Paota, Jodhpur.

----Respondents For Petitioner(s) : Mr. Ojas Gupta for Mr. Manoj Bhandari, Sr. Adv.

For Respondent(s) : Mr. Vivek Sharma for Mr. Mukesh Dave, AGC HON'BLE MS. JUSTICE REKHA BORANA

Order

25/09/2025

1. The present petitions have been filed with a prayer for grant of service benefits keeping into account the entire period of service of the petitioners that is, with effect from the date of their initial appointment on temporary / adhoc basis.

2. The petitioners are the ‘Medical Officers’ who were initially appointed on temporary / adhoc basis in the years 2003/1999 respectively, after a regular process of selection.

3. The services of the petitioners stood extended from time to time by various orders to the said effect.

4. In the year 2008, State Government initiated recruitment processes for permanent/regular ‘Medical Officers’. Petitioner in writ petition No.12454/2020 participated in one of the said processes and after being selected, were appointed as ‘Medical Officers’.

5. Meanwhile, advertisement dated 09.05.2008 was issued by the State Government for regular appointment to the post of ‘Rural Medical Officers’. Petitioner in writ petition No.11119/2021 participated in the said recruitment process and after being selected, was appointed as ‘Rural Medical Officer’. The services of the said Rural Medical Officers were to be governed by the newly enacted Rajasthan Rural Medical and Health Services Rules, 2008 (hereinafter referred to as Rules of 2008).

6. Subsequently, the Rules of 2008 were repealed vide notification dated 03.01.2012 and as per the said notification, all the appointments, orders and any act done under the Rules of

2008 were/was to be deemed to have been passed/done in terms of the provisions of Rajasthan Medical and Health Services Rules, 1963 (hereinafter referred to as Rules of 1963).

7. The petitioners were granted all the service benefits with effect from the date they were appointed as regular Medical Officer/Rural Medical Officer in pursuance to advertisement of year 1999/2003. Aggrieved of the same, the present writ petitions have been filed.

8. The case of the petitioners is that the petitioners having been initially appointed vide a regular recruitment process, may be on adhoc/temporary basis, the period of their service deserves to be computed from their initial date of appointment. In case of Rural Medical Officers, it has been submitted that after the repeal of Rules of 2008, the petitioners being governed by the Rules of 1963, were entitled for the protection of pay and for the benefit of continuity of service from their initial date of appointment. Those been appointed as Medical Officers, already been governed by the Rules of 1963, deserve the same treatment.

9. Counsel for the petitioners submitted that the issue rests covered by the Division Bench judgment of this Court in State of Rajasthan vs. Dr. Paritosh Ujjwal; D. B. Spl. Appl. Writ No.532/2016 and other connected special appeals (decided on

09.07.2025)