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2025 DIGILAW 1520 (RAJ)

Moti Lal Soni S/o Shri Gauri Shankar Soni v. State of Rajasthan

2025-09-03

REKHA BORANA

body2025
Order : 1. The present petition has been filed with a prayer for grant of service benefits keeping into account the entire period of service of the petitioner that is, with effect from the date of his initial appointment on temporary basis. 2. The petitioner is the ‘Medical Officer’ who was initially appointed on temporary basis in the year 1999 after a regular process of selection. 3. The services of the petitioner stood extended from time to time by various orders to the said effect. 4. Thereafter, advertisement dated 09.05.2008 was issued by the State Government for regular appointment to the post of ‘Rural Medical Officers’. Petitioner 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). 5. Subsequently, the Rules of 2008 were repealed vide notification dated 03.01.2012 and as per the said notification, all the appointments, orders and any act done under the Rules of 2008 were/was to be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). 6. The petitioner was granted all the service benefits with effect from the date he was appointed as regular Rural Medical Officer in pursuance to advertisement of year 2008. Aggrieved of the same, the present writ petition has been filed. 7. The case of the petitioner is that the petitioner having been initially appointed vide a regular recruitment process, may be on adhoc/temporary basis, the period of his service deserves to be computed from his initial date of appointment. It has been submitted that after the repeal of Rules of 2008, the petitioner being governed by the Rules of 1963, was entitled for the protection of pay and for the benefit of continuity of service from his initial date of appointment. 8. Counsel for the petitioner 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). 9. In Dr. 8. Counsel for the petitioner 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). 9. In Dr. Paritosh Ujjwal (supra), the Division Bench while dealing with akin facts, while relying upon the Apex Court judgment in the case of Jaggo v. Union of India & Ors.; (2024) SCC ONLINE SC 3836, observed as under:- “25. Though appellants have taken conflicting stands as to the writ petitioners being engaged on contractual or urgent temporary engagement or ad-hoc basis, the fact is that the writ petitioners performed the duties which were integral to the post of medical officer and their long standing services were under the direct supervision of the Government Department. Not only this, the grant of pay-scales and other allowances which are payable to the post in hand further fortify the stand that the writ petitioners were simply labeled as temporary but they were discharging the regular duties and were working against the sanctioned posts.” 10. Therein, the Division Bench concluded as under:- “28. Another consideration which is weighing in our mind is that against the same impugned order an appeal filed by the State Government being D.B. Civil Special Appeal (Writ) No.380 of 2016 titled “State of Rajasthan & Ors. v. Dr. Dinesh Kumar Soni” has already been dismissed, though on the ground of limitation and SLP as well as review in the SLP have been dismissed. We are not inclined to take a different view in the present case. In the present cases, the appointments were against the vacant posts and after undertaking the selection process, though not by the Commission but by a Screening Committee, the same was having all the trappings of regular recruitment, inasmuch as, the writ petitioners were held entitled for regular pay- scales, increments and all other allowances which is clear from the appointment order itself. Thus, the denial of the tenure of service undertaken by the petitioners pursuant to the appointment order dated 28th November 1996 is not all justified and the learned Single Judge has rightly considered all the aspects of the matter while allowing the writ petitions filed by the petitioners.” 11. Thus, the denial of the tenure of service undertaken by the petitioners pursuant to the appointment order dated 28th November 1996 is not all justified and the learned Single Judge has rightly considered all the aspects of the matter while allowing the writ petitions filed by the petitioners.” 11. The Division Bench vide the above order, affirmed the following order of the learned Single Judge passed in S.B. Civil Writ Petition No.9582/2008; Dr. Paritosh Ujjwal Vs. State of Rajasthan & Ors. (decided on 12.02.2014): “7. Consequently, these writ petitions are allowed with a direction to the State Government to grant the benefit of continuity of service to the petitioners and the period of service rendered earlier, may be reckoned from the initial date of appointment for all purposes since the new 2008 Rules now stand repealed w.e.f. 03.01.2012 and in the saving clause of the said Notification, it is clearly provided that the appointments, orders and anything done under the said Rules of 2008 shall be deemed to have been made in the provisions of Rajasthan Medical & Health Service Rules, 1963. 8. The writ petitions are, accordingly, allowed with aforesaid observations and directions. No costs. A copy of the order be sent to the concerned parties forthwith.” 12. Counsel for the respondents is not in a position to refute the position of law as laid down in Dr. Paritosh Ujjwal (supra). 13. In view of the ratio laid down in Dr. Paritosh Ujjwal (supra), the present writ petition is allowed. 14. The respondents are directed to compute the services of the petitioner from the date of his initial appointment on temporary basis and after the said computation, grant him the benefit of continuity of service for all purposes. Appropriate orders be passed within a period of eight weeks from now. 15. Stay petition and all pending applications, if any, stand disposed of.