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2025 DIGILAW 1849 (RAJ)

Dilip Singh Chauhan, S/o Shri Shiv Singh v. State Of Rajasthan, Through The Principal Secretary, Gramin Vikas And Panchayati Raj Department, Government Of Rajasthan

2025-11-25

MUNNURI LAXMAN

body2025
ORDER : MUNNURI LAXMAN, J. I.A. No.02/2025: 1. The matter comes up on the application (I.A. No.02/2025) for early listing of the present writ petition. 2. For the reasons mentioned in the application, the same is allowed S.B. Civil Writ Petition No.8274/2024 & 8062/2024 1. The present writ petitions have been filed challenging the action of the respondent authorities for not passing any order on the representation filed by the petitioners whereunder they have requested to consider their case for covering the Contractual Hiring To Civil Posts Rules, 2022 (hereinafter referred to as ‘the Rules of 2022’). 2. The case of the petitioners is that the petitioners were recruited by direct contract through the outsourcing agency and their case is also covered by the order dated 26.08.2025 passed by Hon’ble Division Bench of this Court in D.B. Civil Writ Petition No.11737/2024 titled as Rodu Lal & Ors. Vs. The State of Rajasthan & Ors. and connected batch of petitions. 3. The operative portion of the order dated 26.08.2025 reads as follows: “40. This Court is further of the firm opinion that if the respondents continue with the services of the petitioners, without covering them under the Rules of 2022 would be against the principles as enumerated by the Hon’ble Apex Court in a catena of judgments wherein the Court has opined that the practice of appointment of contractual employees without any rules would lead to a situation of exploitation by the employer. With this intent only, the Rules of 2022 have been framed and therefore, the benefit of the said rules cannot be denied to the petitioners and similarly situated persons merely on the count of having been appointed through placement agency. 41. In light of the aforesaid facts & findings and the judgments, this Court is of the opinion that Rule 3 of the Rules of 2022 has to be read harmoniously, whereby, the petitioners and similarly situated persons, who have been appointed through placement agency after issuance of public advertisement are to be covered under the ambit of Rule 3 of the Rules of 2022. Since, the above rule has been read harmoniously in favour of the petitioners, therefore, there is no requirement to decide question No. (b), which was framed under para 13. Since, the above rule has been read harmoniously in favour of the petitioners, therefore, there is no requirement to decide question No. (b), which was framed under para 13. The harmonious reading of the Rule itself clarifies that, there ought to be no discrimination between the contractual employees appointed through placement agency as well as the contractual employees appointed directly. 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.” 4. In view of the aforesaid, the present writ petitions are disposed of in the same terms as in the case of Rodu Lal & Ors. (supra), giving liberty to the petitioners to file individual representation. If any such representation is filed, the respondent No.1-Principal Secretary, Gramin Vikas And Panchayati Raj Department shall consider the same in terms of the principles laid down in the case of Rodu Lal & Ors. (supra) within a period of two months from the date of receipt of this order. 5. The said exercise shall be done within a period of three months from the date of representation filed by the petitioners. 6. All pending applications, if any, stand disposed of.