[2026:RJ-JP:11940]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13839/2024 Anil Kumar Khatana S/o Shri Hari Singh Gurjar, Aged About 35 Years, R/o Khatana Wali Dhani, Pichupada Kalan, Dausa, Distt.

Dausa (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Its Secretary, Medical And Health Department, Government Of Rajasthan, Jaipur.

2. The Director, Medical And Health Services, Government Of Rajasthan, Jaipur.

3. The Chief Medical And Health Officer, Dausa, District Dausa (Rajasthan).

4. The Principal Medical Officer, Government Cumulative Health Center Bandikui, District Dausa (Raj.)

5. The Rajasthan Medical Relief Society, Government Cumulative Health Center Bandikui, District Dausa Through Its Member Secretary (Raj.)

6. M/s Dausa Ex-Serviceman Welfare Co-Operative Society, Ward No. 16, Agra Road, Dausa District Dausa (Rajasthan) Through Its Member Secretary.

7. M/s. Ganga National Security Sansthan, Bandikui, District Dausa Through Its Member Secretary.

----Respondents For Petitioner(s) : Mr. G.L. Sharma Mr. Shanker Lal For Respondent(s) : Ms. Sweekriti Sharma HON'BLE DR. JUSTICE NUPUR BHATI

Order

19/03/2026

1. This writ petition has been filed with the following prayers -

“1. The impugned order bearing No.1296 dated 31.02.2024 as well as order bearing No. 2215 dated 31.07.2024 may kindly be quashed and set-aside qua the Petitioner and the respondents be restrained from replacing the services of the Petitioner by another contractual employees and further the respondents may kindly be directed to allow the petitioner to continue on the post Helper holding by the petitioner prior to the date of termination at District Sub-Hospital Bandikui, District Dausa and further the respondents be directed to consider the case of the Petitioner under the Rajasthan Contractual Hiring to Civil Post Rule, 2022.

2. By an appropriate writ, order or direction, respondents may kindly be directed to make payment of the salary of the petitioner on monthly basis and further the respondents be directed to pay the due salary in favour of the petitioner with interest and the respondents be directed to consider the case of the petitioner for regularization;

3. Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper. on the facts and in the circumstances of the case may also be passed in favour of the Petitioner with cost of the petition.”

2. Learned counsel for the petitioner submits that the respondents are bent upon to terminate the services of the petitioner despite the fact that several posts are lying vacant. He further submits that an identical petition bearing SB Civil Writ Petition No.12243/2024 was filed before this Court and the same has been disposed of by the Co-ordinate Bench of this Court giving liberty to the respondents to consider the case of the similarly situated persons against the available posts, in case, services of such persons are required till getting the regularly selected candidates. Counsel submits that in the instant petition also, same order be passed.

3. Per contra, learned counsel for the respondents opposed the arguments raised by the counsel for the petitioner and submitted that till date, services of the petitioner have not been discontinued and the petitioner have no right to continue on the contractual engagement. Counsel submits that till date, no adverse order has been passed against the petitioner, which gives them any cause of action to approach this Court at a premature stage, yet this petition has been preferred, hence, the same is liable to be rejected.

4. Heard and considered the submissions and perused the material available on the record.

5. Considering the limited prayer made by the counsel for the petitioner, the instant writ petition stands disposed of granting liberty to the respondents to consider the case of the petitioner against the vacant posts (if any) in case, the respondents desire to take the services of the petition