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Rajasthan High Court - Jodhpur

Manoj Kumar Khatri vs State Of Rajasthan on 8 June, 2020

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
           S.B. Civil Writ Petition No. 4438/2020

1.     Manoj Kumar Khatri S/o Shankar Lal Khatri, Aged About
       39 Years, At Present Working As Machine With Man
       (Mndy), Phc Lakhasar, Block - Shree Dungargarh, District-
       Bikaner.
2.     Aaskaran Jaipal S/o Gouri Shankar Jaipal, Aged About 36
       Years, At Present Working As Machine with Man (Mndy)
       Chc Nokha, Block Nokha, District Bikaner
3.     Rupa Ram S/o Nimbha Ram, Aged About 35 Years, At
       Present Working As Machine with Man (Mndy), Chc
       Nokha, Block Nokha, District Bikaner
4.     Saddam Husain Solanki S/o Phule Khan, Aged About 29
       Years, At Present Working As Machine With Man (Mndy),
       Chc Nokha, Block Nokha, District Bikaner
5.     Vjay Singh S/o Jetha Mal Singh, Aged About 28 Years, At
       Present Working As Machine With Man (Mndy), Phc
       Seruna, Block Shree Dungargarh, District Bikaner
6.     Dheeraj Dave S/o Vijay Kumar Dave, Aged About 32
       Years, At Present Working As Machine With Man (Mndy),
       City Dispensary No. 1, District - Bikaner.
7.     Smt. Pinky Sharma D/o Surender Kumar Sharma, Aged
       About 32 Years, At Present Working As Machine With Man
       (Mndy), City Dispensary No. 1, District - Bikaner.
8.     Ramdev Bhora S/o Shree Lal Bhora, Aged About 29 Years,
       At Present Working As Machine With Man (Mndy), Uphc
       No. 2, Bhujiya Bazar, District - Bikaner.
9.     Anirudh Bargujar S/o Jugal Singh, Aged About 30 Years,
       At Present Working As Machine With Man (Mndy), Chc
       Gajner Block - Kolayat, District - Bikaner.
10.    Rameshwar Lal Kumhar S/o Sugna Ram, Aged About 30
       Years, At Present Working As Machine With Man (Mndy),
       Chc Gajner, Block- Kolayat, District - Bikaner.
11.    Ram Swaroop Danwa S/o Sohan Lal, Aged About 30
       Years, At Present Working As Machine With Man (Mndy),
       Phc Nathusar, Block - Nokha, District - Bikaner.
12.    Bheraram Tard S/o Nand Ram Tard, Aged About 30 Years,
       At Present Working As Machine With Man (Mndy), Phc
       Surnana, Block - Loonkaransar, District - Bikaner.

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13.   Om Prakash Nai S/o Kalu Ram Nai, Aged About 30 Years,
      At Present Working As Machine With Man (Mndy), Chc
      Loonkaransar, Block Loonkaransar, District - Bikaner.
14.   Vikas Kumar Ranga S/o Yugal Narayan Ranga, Aged
      About 31 Years, At Present Working As Machine With Man
      (Mndy), City Dispensary No. 6 and Dtc, District - Bikaner.
15.   Hansraj Meghwal S/o Omprakash Meghwal, Aged About
      35 Years, At Present Working As Machine With Man
      (Mndy), Phc Jaitpur, Block - Loonkaransar, District -
      Bikaner.
16.   Tarachand S/o Dana Ram Moond, Aged About 30 Years, At
      Present Working As Machine With Man (Mndy), Chc
      Mahajan, Block - Loonkaransar, District - Bikaner.
17.   Partaram Saran S/o Birbal Ram, Aged About 29 Years, At
      Present Working As Machine With Man (Mndy), Phc
      Khiyera, Block - Loonkaransar, District - Bikaner.
18.   Manohar Lal S/o Gajan Bharti, Aged About 31 Years, At
      Present Working As Machine With Man (Mndy), Phc Sui,
      Block - Loonkaransar, District - Bikaner.
19.   Manoj Kumar Godara S/o Shiv Chand Godara, Aged About
      32 Years, At Present Working As Machine With Man
      (Mndy), Phc Sekhasar, Block - Loonkaransar, District -
      Bikaner.
20.   Bajrang Lal Sharma S/o Prem Narayan Sharma, Aged
      About 30 Years, At Present Working As Machine With Man
      (Mndy), Fort Dispensary, District - Bikaner.
21.   Bharat Maru S/o Basant Kumar Maru, Aged About 28
      Years, At Present Working As Machine With Man (Mndy),
      Fort Dispensary, District - Bikaner.
22.   Anand Kumar Vyas S/o Moolchand Vyas, Aged About 30
      Years, At Present Working As Machine With Man (Mndy),
      Uphc No. 6, Nathusar Gate, District - Bikaner.
23.   Ghanshyam Panchariya S/o Laxmi Narayan, Aged About
      29 Years, At Present Working As Machine With Man
      (Mndy), Chc Bajju, Block - Kolayat, District - Bikaner.
24.   Ramesh Sharma S/o Mohan Lal Sharma, Aged About 29
      Years, At Present Working As Machine With Man (Mndy),
      Phc Himatsar, Block - Nokha, District- Bikaner.
25.   Ranveer Singh S/o Ram Singh, Aged About 29 Years, At
      Present Working As Machine With Man (Mndy), Phc

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      Gadiyala, Block - Kolayat, District - Bikaner.
26.   Manjur Shaha S/o Noor Shaha Sahayad, Aged About 38
      Years, At Present Working As Machine With Man (Mndy),
      Phc Jamsar, Block - Bikaner, District - Bikaner.
27.   Pawan S/o Narayan Ram, Aged About 30 Years, At
      Present Working As Machine With Man (Mndy), Phc
      Berasar, Block - Nokha, District - Bikaner.
28.   Prem Sukh Meghwal S/o Jaisa Ram Meghwal, Aged About
      29 Years, At Present Working As Machine With Man
      (Mndy), Phc Mukam, Block - Nokha, District - Bikaner.
29.   Ratan Lal Meghwal S/o Dula Ram Meghwal, Aged About
      29 Years, At Present Working As Machine With Man
      (Mndy), Phc Kakku, Block - Nokha, District - Bikaner.
30.   Laxmi Devi W/o Nathmal, Aged About 27 Years, At
      Present Working As Machine With Man (Mndy), Chc
      Deshnok, District - Bikaner.
31.   Mukesh Upadhyay S/o Shyam Sundar, Aged About 27
      Years, At Present Working As Machine With Man (Mndy),
      Chc Deshnok, District - Bikaner.
32.   Rajvendra Dhinwa S/o Daya Singh, Aged About 32 Years,
      At Present Working As Machine With Man (Mndy), Phc
      Bikampur, Block - Kolayat, District - Bikaner.
33.   Ghanshyam Sharma S/o Ram Narayan, Aged About 31
      Years, At Present Working As Machine With Man (Mndy),
      Phc Palana, District - Bikaner.
34.   Yogesh Ojha S/o Shyam Lal Ojha, Aged About 31 Years,
      At Present Working As Machine With Man (Mndy), Phc
      Jaimalsar, District - Bikaner.
35.   Bajrang Lal S/o Mangi Lal, Aged About 23 Years, Machine
      Main At Present Working As Machine With Man (Mndy),
      Chc Bajju, Block - Kolayat, District - Bikaner.
36.   Dinesh Bariya S/o Sohan Lal Bariya, Aged About 37 Years,
      At Present Working As Machine With Man (Mndy), Phc Rd-
      820, Block - Kolayat, District - Bikaner.
37.   Shrawan Kumar Kumawat S/o Narayan Ram, Aged About
      30 Years, At Present Working As Machine With Man
      (Mndy), Phc Diyatra, Block - Kolayat, District - Bikaner.
38.   Pawan Kumar Sharma S/o Bajrang Lal Shama, Aged
      About 32 Years, At Present Working As Machine With Man
      (Mndy), Phc Punrasar, Block - Shree Dungargarh, District

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      - Bikaner.
39.   Ramesh Kumar Sharma S/o Om Prakash Sharma, Aged
      About 37 Years, At Present Working As Machine With Man
      (Mndy), Chc Momasar, Block - Shree Dungargarh, District
      - Bikaner.
40.   Manjit Swami S/o Purushotam Swami, Aged About 36
      Years, At Present Working As Machine With Man (Mndy),
      Chc Shree Dungargarh, Block - Shree Dungargarh,
      District - Bikaner.
41.   Mahesh Tawaniya S/o Kishori Lal Tawaniya, Aged About
      28 Years, At Present Working As Machine With Man
      (Mndy),      Chc     Shrere        Dungargarh,            Block   -   Shree
      Dungargarh, District - Bikaner.
42.   Sandeep Soni S/o Hansraj Soni, Aged About 28 Years, At
      Present Working As Machine With Man (Mndy), City
      Dispensary Rampura Basti, (Lalgarh) Bikaner, District -
      Bikaner.
43.   Jaswanti Shankhla D/o Shiv Kumar Shankhla, Aged About
      29 Years, At Present Working As Machine With Man
      (Mndy), Chc Napasar, Block - Bikaner, District - Bikaner.
44.   Radhey Shyam Prajapat S/o Sita Ram Prajapat, Aged
      About 30 Years, At Present Working As Machine With Man
      (Mndy), Chc Napasar, block - Bikaner, District - Bikaner.
45.   Budh Ram Bishnoi S/o Rampratap Bishnoi, Aged About 29
      Years, At Present Working As Machine With Man (Mndy),
      Phc Jangalu, Block - Nokha, District - Bikaner.
46.   Shyam Sunder Tard S/o Jeevanram Tard, Aged About 31
      Years, At Present Working As Machine With Man (Mndy),
      Chc Jasrasar Block - Nokha, District - Bikaner.
47.   Gopal Ranga S/o Uma Shankar Ranga, Aged About 30
      Years, At Present Working As Machine With Man (Mndy),
      Chc Kolayat - Block - Kolayat, District - Bikaner.
48.   Jay Prakash S/o Foos Raj, Aged About 30 Years, At
      Present Working As Machine With Man (Mndy), Chc
      Khajuwala - Block - Khajuwala, District - Bikaner.
49.   Madhu Sharma D/o Ganga Sagar Sharma, Aged About 32
      Years, At Present Working As Machine With Man (Mndy),
      Phc Udarasar - Block - Shree Dungargarh, District -
      Bikaner.
50.   Purushotam S/o Banwari Lal, Aged About 28 Years, At

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      Present Working As Machine With Man (Mndy), Chc
      Kolayat, Block - Kolayat, District - Bikaner.
51.   Jeevan Shah S/o Jakir Husain, Aged About 28 Years, At
      Present Working As Machine With Man (Mndy), Phc
      Jamsar - Block - Bikaner, District - Bikaner.
52.   Pankaj Kalla S/o Narayan Das Kalla, Aged About 32 Years,
      At Present Working As Machine With Man (Mndy), Phc -
      Kilchu - Block - Bikaner, District - Bikaner.
53.   Mahendra Singh Rajpurohit S/o Kishan Singh Rajpurohit,
      Aged About 25 Years, At Present Working As Machine
      With Man (Mndy), Phc - Ridi Block - Shree Dungargarh,
      District Bikaner.
54.   Anil Kumar S/o Ramkumar Kulariya, Aged About 30 Years,
      Machine With Man (Mndy), Chc Chhattargarh Block -
      Khajuwala, District - Bikaner.
55.   Sahiram Tard S/o Manchha Ram, Aged About 32 Years, At
      Present Working As Machine With Man (Mndy), Phc-
      Katarisarsar Block - Bikaner, District - Bikaner.
56.   Mohd. Imran S/o Mohd. Ramjan, Aged About 26 Years,
      Machine With Man (Mndy), Phc - Sarera Block - Bikaner,
      District - Bikaner.
57.   Mohan Prajapat S/o Manak Chand Prajapat, Aged About
      25 Years, At Present Working As Machine With Man
      (Mndy), Phc - Upani Block - Shree Dungargarh, District -
      Bikaner.
58.   Shrikrishan Swami S/o Hansraj Swami, Aged About 26
      Years, At Present Working As Machine With Man (Mndy),
      Phc - Bigga Block - Shree Dungargarh, District - Bikaner.
59.   Bhoopram Bharti S/o Gajan Bharti, Aged About 28 Years,
      At Present Working As Machine With Man (Mndy), Phc-
      Arjunsar Block - Lunkaransar, District - Bikaner.
60.   Nanhe Khan S/o Sabudin, Aged About 28 Years, At
      Present Working As Machine With Man (Mndy), Chc -
      Chhattargarh Block - Khajuwala, District - Bikaner.
61.   Prabhu Ram Meghwal S/o Manoharlal, Aged About 30
      Years, At Present Working As Machine With Man (Mndy),
      Phc - Sarunda, Block - Nokha, District - Bikaner.
62.   Rajendra Singh S/o Narayan Singh, Aged About 30 Years,
      At Present Working As Machine With Man (Mndy), Chc
      Khajuwala - Block - Khajuwala, District - Bikaner.

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63.   Mohamad Aabid S/o Mohamad Rafiq Bhati, Aged About 28
      Years, At Present Working As Machine With Man (Mndy),
      Phc Norangdesar, Block - Bikaner, District - Bikaner.
64.   Mahendra Swami S/o Sahiram Das Swami, Aged About 28
      Years, At Present Working As Machine With Man (Mndy),
      Chc Kalu, Block - Lunkaransar, District - Bikaner.
65.   Vinod Bhakar S/o Naurang Lal Bhakar, Aged About 28
      Years, At Present Working As Machine With Man (Mndy),
      Phc Garebdesar, Block - Lunkaransar, District - Bikaner.
66.   Punit Khatri S/o Shivshankar Khatri, Aged About 28
      Years, At Present Working As Machine With Man (Mndy),
      Phc - Kesardesar Jatan Block - Bikaner, District - Bikaner.
67.   Prem Chand Jat S/o Jetha Ram Jat, Aged About 32 Years,
      At Present Working As Machine With Man (Mndy), Phc-
      Bambloo - Block - Bikaner, District - Bikaner.
68.   Ghanshyam Ojha S/o Sita Ram Ojha, Aged About 33
      Years, At Present Working As Machine With Man (Mndy),
      Government Begraj Somani Eye Hospital, Sridoongargarh
      District - Bikaner.
                                                                  ----Petitioners
                                 Versus
1.    State f Rajasthan through The Secretary Medical and
      Health Department, Government Of Rajasthan, Jaipur.
2.    Secretary, Finance (Budget) Department, Government Of
      Rajasthan, Jaipur.
3.    Joint    Secretary,        Finance          (Budget)         Department,
      Government Of Rajasthan, Jaipur.
4.    Director (Public Health), Medical and Health Services,
      Government Of Rajasthan, Jaipur.
5.    Additional Director (Administration), Medical And Health
      Services, Government Of Rajasthan, Jaipur.
6.    Rajashtan Medical Services Corporation Limited (Rmsc),
      Department Of Medical And Health Services, Health
      Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its
      Managing Director.
7.    Nodal Officer (Mndy), Medical And Health Services, Jaipur.
8.    Joint Director, Medical And Health Services Zone, Bikaner.
9.    Chief Medical and Health Officer, Bikaner.
10.   Rajasthan    Medical       Relief      Society,         Bikaner,   through

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        Secretary, District Bikaner.
                                                                 ----Respondents
                              Connected With
           S. B. Civil Writ Petition No. 11327/2019
Manoj Kumar Khatri & ors.
                                                                   ----Petitioners
                                    Versus
State of Rajasthan & ors.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Shreekant Verma through video
                                conferencing on 'Jitsi Meet' app
For Respondent(s)         :     Mr. K.S. Rajpurohit, through video
                                conferencing on 'Jitsi Meet' app



        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order 08/06/2020 S.B. Civil Writ Petition No. 4438/2020 Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

Heard learned counsel for the parties. Learned counsel for the petitioners submits that the controversy involved in the present writ petition is identical to the case of Manoj Kumar Khatri & ors. Vs. State of Rajasthan & ors. (S.B. Civil Writ Petition No. 11327/2019) wherein interim relief has been granted by the Coordinate Bench of this Court vide Order dated 26.07.2019.

Issue notice to the respondents returnable within a period of three weeks. Issue notice of the stay application also. (Downloaded on 08/06/2020 at 08:34:14 PM)

(8 of 8) [CW-4438/2020] Mr. K.S. Rajpurohit, learned Additional Advocate General accepts notice on behalf of the respondents.

Meanwhile and until further orders, it is directed that the respondents shall not terminate the services of the petitioners pursuant to the Order dated 21.05.2020, if not already terminated.

List the matter along with S.B. Civil Writ Petition No. 11327/2019 on 24.07.2020, as prayed.

It is made clear that since no reply to the writ petition has been filed by the respondents, therefore, the State will be at liberty to seek modification/recalling of the stay order by way of filing an appropriate application. S. B. Civil Writ Petition No. 11327/2019 List the matter on 24.07.2020, as prayed.

(VINIT KUMAR MATHUR),J 48 & 49-Inder/-

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