Disposed

Ram Kishore Dewasi v. State of Rajasthan

Rajasthan HC14 Dec 2023CW/19146/2023

Case brief

AI extract

What is this about?

The High Court directed the competent authority to consider a fresh representation by contractual employees facing replacement. The court suspended discriminatory replacement pending administrative decision on individual merits and referred to similar precedents.

What did the court decide?

Petitioners directed to file fresh representation; competent authority to decide within two months; services not to be dispensed with pending decision.

Ram Kishore Dewasi Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JD:43670]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 19146/2023

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Ram Kishore Dewasi S/o Nimba Ram, Aged About 24 Years, At Present Working At Phc Chokdi Kalla, Peepar City, Jodhpur.

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Kausaliya S/o Amra Ram, Aged About 28 Years, At Present Working At District Hospital Pipar City, Jodhpur.

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Satyanarayan S/o Ganpat Lal, Aged About 41 Years, At Present Working At District Hospital Pipar City, Jodhpur.

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Mayank Rankawat S/o Keshav Chand Rankawat, Aged About 22 Years, At Present Working At Chc, Jaitaran, District Beawar.

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Sunil Panwar S/o Dinesh, Aged About 18 Years, At Present Working At Chc, Jaitaran, District Beawar.

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Kapil Shastri S/o Nand Bihari Shastri, Aged About 33 Years, Working At Jk Lon Hospital, District Kota Rajasthan.

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Jitendra Lodha S/o Champa Lal Lodha, Aged About 32 Years, Working At Jk Lon Hospital, District Kota Rajasthan.

¶11

Jitendra Kumar Verma S/o Chiranjee Lal Verma, Aged About 33 Years, Working At Jk Lon Hospital, District Kota Rajasthan.

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Jaswant Lodha S/o Brajmohan Lodha, Aged About 31 Years, Working At Jk Lon Hospital, District Kota Rajasthan.

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Rakesh S/o Moolchand, Aged About 27 Years, Working At Jk Lon Hospital, District Kota Rajasthan.

¶14

Virendra Lodha S/o Nand Kishor Lodha, Aged About 27 Years, Working At Jk Lon Hospital, District Kota Rajasthan.

¶15

Hakim Husain S/o Sattar Mohammed, Aged About 29 Years, Working At Jk Lon Hospital, District Kota Rajasthan.

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Pavan Kumar Meghwal S/o Mahaveer, Aged About 27 Years, Working At Jk Lon Hospital, District Kota Rajasthan.

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Nagesh Maratha S/o Prahlad Maratha, Aged About 27

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Years, Working At Jk Lon Hospital, District Kota Rajasthan.

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Lokesh Meena S/o Tola Ram Meena, Aged About 26 Years, Working At Jk Lon Hospital, District Kota Rajasthan.

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Shubham Goswami S/o Chandra Prakash Goswami, Aged About 29 Years, Working At Jk Lon Hospital, District Kota Rajasthan.

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Jamanashankar Suman S/o Modulal Suman, Aged About 29 Years, Working At Jk Lon Hospital, District Kota Rajasthan.

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Satnam Singh S/o Balvindra Singh, Aged About 30 Years, Working At Jk Lon Hospital, District Kota Rajasthan.

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Ashutosh Gautam S/o Moti Shankar Sharma, Aged About 30 Years, Working At Jk Lon Hospital, District Kota Rajasthan.

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Purshottam Lodha S/o Chauthmal Lodha, Aged About 35 Years, Working At Mbs Hospital, District Kota Rajasthan.

¶28

Waseem Ahmed S/o Afzal Ahmed, Aged About 33 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Yogesh Kumar S/o Kapoor Chand, Aged About 40 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Rajkumar Suman S/o Satyanarayan Suman, Aged About 29 Years, Working At Mbs Hospital, District Kota Rajasthan.

¶31

Aqib Javed S/o Majidulla Khan, Aged About 30 Years, As Swasthya Margdarshak (Mmcsby) At Mbs Hospital, District Kota Rajasthan.

¶32

Ajay Suman S/o Ramesh Chandra Suman, Aged About 30 Years, Working At Mbs Hospital, District Kota Rajasthan.

¶33

Narvendra Singh S/o Mahendra Singh, Aged About 30 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Govind Prasad Kasotiya S/o Vijay Koli Kasotiya, Aged About 31 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Antima Saini D/o Prabhu Lal Saini, Aged About 28 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Yusuf Ali S/o Abdul Rashid, Aged About 28 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Chintu Suman S/o Birdhi Lal Suman, Aged About 29 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Brijaraj Lodha S/o Hemraj Lodha, Aged About 30 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Vikas Singh S/o Dhanpat Singh, Aged About 33 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Toshif S/o Saffi Mohammad, Aged About 34 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Parasmal Dabi S/o Nemichand Dabi, Aged About 34 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Satyanarayan Sain S/o Nand Lal, Aged About 31 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Surendra Kumar S/o Ramesh Chand, Aged About 42 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Anju Sharma D/o Dinesh Vyash, Aged About 41 Years, Working At Mbs Hospital, District Kota Rajasthan.

¶48

Abhishek Sharma S/o Jagdish Prashad Sharma, Aged About 35 Years, Working At Mbs Hospital, District Kota Rajasthan.

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Murari Lal Regar S/o Chiranji Lal, Aged About 38 Years, Working At New Medical College Hospital, Kota District Kota Rajasthan.

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Vidhya Suman D/o Bheru Lal Suman, Aged About 45 Years, Working As Swasthya Margdarshak (Mmcsby) New Hospital Medical College, Kota District Kota Rajasthan.

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Hemant Kumar Nayak S/o Bharmal Singh, Aged About 35 Years, Working As Swasthya Margdarshak (Mmcsby) New Hospital Medical College Kota Rajasthan.

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Chetan Sahu S/o Lt. Ramwatar Sahu, Aged About 35 Years, Working At New Medical College Kota, Dist. Kota

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Yogendra Meena S/o Birdhi Lal Meena, Aged About 32 Years, Working At New Medical College Kota Dist. Kota

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Naresh Yadav S/o Bajrang Lal, Aged About 25 Years, Working At New Medical College Kota Dist. Kota

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Kuldeep Bareth S/o Jamna Lal Bareth, Aged About 26 Years, R/o

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Narayan Lal Regar S/o Pratap Regar, Aged About 22 Years, Working At Mahila Evam Baal Chikitsalay

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Chittorgarh, District Chittorgarh.

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Mahendra Mali S/o Mahaveer Mali, Aged About 35 Years, Working At Chc Tantoti, District Kekri, Rajasthan.

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Gaurav Saini S/o Ankur Saini, Aged About 26 Years, Working At Chc Tijara, District Khaithal Tijara Raj.

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Ranveer Singh S/o Dalchand, Aged About 32 Years, Working At Chc Tijara, District Khaithal Tijara Raj.

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Pravin Kumar Prajapat S/o Mangi Lal Prajapat, Aged About 28 Years, Working At Chc Pachpadra, Dist. Balotra.

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Lokesh Vyas S/o Shankarlal Vyas, Aged About 33 Years, At Present Working At Chc Aspur, Dist. Dungarpur.

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Srawan Palsania S/o Prabhu Dayal Palsania, Aged About 28 Years, Working At Chc Amarsar, District Jaipur (First).

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Pankaj Sharma S/o Harish Sharma, Aged About 24 Years, Working At Community Health Center, Pipalkhunt, District Pratapgarh.

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Tilakraj Sharma S/o Shri Dulichand, Aged About 30 Years, At Present Working At Govt. Distt Hospital Behror Dist Kotputli.

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Ankit Sharma S/o Shri Satish Kumar Sharma, Aged About 27 Years, At Present Working At Govt. District Hospital Behror District Kotputli Behror, Rajasthan.

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----Petitioners

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Versus

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

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Secretary, Finance (Budget) Department, Government Of Rajasthan, Jaipur.

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Joint Secretary, Finance (Budget) Department, Government Of Rajasthan, Jaipur.

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Director (Non Gazetted), Department Of Medical And Health Services, Government Of Rajasthan, Jaipur

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Director (Public Health), Medical And Health Services, Government Of Rajasthan, Jaipur.

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Additional Director, Medical And Health Services, Government Of Rajasthan, Jaipur.

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Nodal Officer, Mndy, Medical And Health Services,

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Government Of Rajasthan, Jaipur.

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Nodal Officer, Mnjy, Medical And Health Services, Government Of Rajasthan, Jaipur.

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Rajasthan Medical Services Corporation Limites (Rmsc), Department Of Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its Managing Director.

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Managing Director, N.h.m. Swasthya Bhawan, Jaipur.

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Chief Executive Officer, State Health Assurance Agency, Jaipur.

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Principal Medical Officer, Kota.

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Chief Medical And Health Officer, Kota. 14. Rajasthan Medical Relief Society, Kota, Through Secretary, District Kota.

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Principal Medical Officer, Kota.

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Chief Medical And Health Officer, Kota. 17. Rajasthan Medical Relief Society, Kota, Through Secretary, District Kota.

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Principal Medical Officer, Chittorgarh.

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Chief Medical And Health Officer, Chittorgarh

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Rajasthan Medical Relief Society, Chittorgarh, Through Secretary, District Chittorgarh.

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Principal Medical Officer, Kekri.

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Chief Medical And Health Officer, Kekri.

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Rajasthan Medical Relief Society, Kekri, Through Secretary, District Kekri.

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Principal Medical Officer, Khaithal.

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Chief Medical And Health Officer, Khaithal.

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Rajasthan Medical Relief Society, Khaithal, Through Secretary, District Khaithal.

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Principal Medical Officer, Balotra.

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Chief Medical And Health Officer, Balotra.

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Rajasthan Medical Relief Society, Balotra, Through Secretary, District Balotra.

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Principal Medical Officer, Dungarpur.

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Chief Medical And Health Officer, Dungarpur.

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Rajasthan Medical Relief Society, Dungarpur, Through Secretary, District Dungarpur.

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Principal Medical Officer, Jaipur.

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Chief Medical And Health Officer, Jaipur.

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Rajasthan Medical Relief Society, Jaipur, Through Secretary, District Jaipur.

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Principal Medical Officer, Pratapgarh.

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Chief Medical And Health Officer, Pratapgarh.

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Rajasthan Medical Relief Society, Pratapgarh, Through Secretary, District Pratapgarh.

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Principal Medical Officer, Beawar.

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Chief Medical And Health Officer, Beawar.

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Rajasthan Medical Relief Society, Beawar, Through Secretary, District Beawar.

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Principal Medical Officer, Kotputli.

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Chief Medical And Health Officer, Kotputli.

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Rajasthan Medical Relief Society, Kotputli, Through Secretary, District Kotputli.

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Principal Medical Officer, Jodhpur.

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Chief Medical And Health Officer, Jodhpur.

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Rajasthan Medical Relief Society, Jodhpur, Through Secretary, District Jodhpur.

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Superintendent, Maharav Bhim Singh Hospital, (Mbs Hospital), Kota, Rajasthan.

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Superintendent, Jk Lon Hospital, Kota, Rajasthan.

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Superintendent, New Hospital Medical College, Kota.

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Principal And Controller Officer, Medical College Kota, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. Shree Kant Verma
For Respondent(s)	: ---

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HON'BLE MR. JUSTICE ARUN MONGA

Order

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14/12/2023

Grievance of the petitioners herein is that they have been working on contractual basis as Helpers/ Computer Operators/ Pharmacists etc. and have rendered different duration of services as per the details more particularly provided in the petition herein which are not been adverted, being not relevant for the purpose of dispensing of the present writ petition.

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It is settled principle of service jurisprudence that one set of contractual employees ought not to be replaced by another set of contractual employees, unless of course either there is any contemplation of regular appointment on the post in question or the work of the employee is found to be unsatisfactory.

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In the present case, the petitioners contend that notwithstanding the aforesaid proposition of law, the respondents are contemplating to replace the petitioners by engaging a fresh set of contractual employees in there place.

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They submit that being fearful of the same, some petitioners already approached the Competent Authority by filing representations but the same have not been looked into.

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At this stage, learned counsel for the petitioners submits that petitioners be given liberty to file fresh representation to the Competent Authority.

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Learned counsel for the petitioner also relies on judgment rendered in S.B CWP No. 18222/2023 and S.B CWP No. 17888/2023 and stated that the petitioners case is squarely covered by the same.

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In the light of the aforesaid observations made by this Court, instead of adjudicating the controversy afresh in the present

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petition, the Competent Authority be directed to take decision on the fresh representation to be so filed by the petitioners.

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Accordingly, the petitioners shall file a fresh representation as submitted by the learned counsel. The Competent Authority shall look into the same in accordance with law, preferably within a period of two months from the date of receipt thereof.

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Until an administrative decision is taken, either way, on the already pending representations/ or the fresh one to be filed, the services of the petitioners shall not be dispensed with by substituting them with another set of contractual employees, unless, of course, the department wishes to proceed for taking steps for regular appointment on the posts in question.

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Disposed of accordingly.

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Needless to say that the Competent Authority shall decide the representation based on individual merits of each candidate and shall be free to examine the veracity of the submissions made there in and only if the same are found to be correct any favorable order would be passed.

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(ARUN MONGA),J

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S-262-DivyaP, KshamaD/-

Ram Kishore Dewasi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ram Kishore Dewasi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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