Allowed a writ petition challenging the use of placement agencies for contract medical workers in Sri Ganganagar. The court disposed of the matter by following the precedent Jai Prakash Ganchi and issuing similar directions.
Disposed of the petition with directions similar to Jai Prakash Ganchi; pending applications also disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:40350]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 6216/2020
----Petitioners
Versus
[CW-6216/2020]
| [2023:RJ-JD:40350] | (2 of 3) --- |
[CW-6216/2020 -Respondents |
|---|---|---|
| For Petitioner(s) | : Mr. NR Budania |
|
| For Respondent(s) | : Mr. Gaurav Ranka for Ms. Bhansali, AGC |
Vandana |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
23/11/2023
14. In considered opinion of this Court, the concern shown rather grievance raised by the petitioners is genuine and the State’s action/attempt of deploying placement agencies as intermediary agencies between the petitioners and the State Government, is arbitrary, as has already been held by this Court. 15.That apart, when the State itself has come up with an order dated 02.09.2020, doing away with the placement agencies and rightly so, the proceedings of engaging placement agencies, cannot be countenanced. The same are liable to be declared illegal.
16. Petitioners are working as Computer Operator (Man with Machine) on purely contract basis with the respondent society, namely RMRS. Introduction of placement agency would result in change in petitioners’ employer.
17. All the writ petitions are hereby allowed.
[2023:RJ-JD:40350]
[CW-6216/2020]
(3 of 3)
18. The advertisements/E-tenders issued by the respondents for engaging the petitioners through placement agencies impugned herein are hereby quashed.
19. The State – respondents are hereby directed to continue the petitioners engagement/contract with Rajasthan Medicare Relief Society, in accordance with law.
20. Needless to observe that in case regularly selected candidates are available, the State shall be free to proceed in accordance with law, including disbanding petitioners’ contract or disengaging them.
21. Interlocutory application(s) also stands disposed of."
(DR.PUSHPENDRA SINGH BHATI), J.
101-Sudheer/-
1 issue framed by the court
Whether the petition challenging the engagement of placement agencies for contract workers in Sri Ganganagar district is covered by the precedent Jai Prakash Ganchi.
Colour shows how this judgement treated each authority
Jai Prakash Ganchi & Ors. Vs. State of RajasthanFollowed¶24
Jai Prakash Ganchi & Ors. Vs. State of Raj. & Ors. (S.B.Civil Writ Petition No.7273/2020)
Anil Kumar
Rohit Narula
Amin Ali
Raj Kumar
Om Prakash
Sonu Kumari
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
