Mohneesh Srivastava S/O Shri Sanjay Srivastava Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Mohneesh Srivastava S/O Shri Sanjay Srivastava Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

All three connected writ petitions disposed of by common order without notices to the respondents: petitioners permitted to submit representation(s) with the respondents within four weeks; respondents directed to consider the representation(s) within twelve weeks from the date of receipt in the light of the coordinate Bench's observation in Kaushik Kumar Pandya & Ors.; pending application(s), if any, also disposed of.

Issue for consideration

Whether the orders dated 20.05.2025, 19.05.2025 and 20.05.2025 relieving the petitioners - Pharmacists engaged on urgent temporary basis - from service on account of expiry of the contractual period should be quashed. +1 more

Ratio / Principle

Taking into consideration the limited prayer made by learned counsel for the petitioners and the coordinate Bench order dated 02.02.2024 in Pawan Meena v. The State of Rajasthan & Ors., the writ petitions are disposed of in the following terms WITHOUT ISSUING NOTICES TO THE RESPONDENTS.

Key takeaways

The petitioners are at liberty to submit representation(s) with the respondents for redressal of their grievance(s) within a period of four weeks from the date of this order.ratio¶56
The respondents are directed to consider the representation(s) within a period of twelve weeks from the date of receipt, in the light of the observation made by the coordinate Bench of this Court in the case of Kaushik Kumar Pandya & Ors. (supra).ratio¶57
Pending application(s), if any, also stand disposed of along with the writ petitions.ratio

Detailed headnote1 paragraphs

Three connected S.B. civil writ petitions (Nos. 10467, 10468 and 10469 of 2025) filed by Mohneesh Srivastava, Mayank Lawaniya and Gaurav Kumar - Pharmacists serving on urgent temporary basis under the Medical and Health establishment at Bharatpur (blocks Uchchein, Sewar and Bayana) - sought quashing of orders dated 19.05.2025 and 20.05.2025 relieving them from service on expiry of the contractual period. Vide common order dated 15.07.2025, Justice Mahendar Kumar Goyal did not adjudicate the quashing claim and, adopting counsel's limited prayer, disposed of the petitions WITHOUT issuing notices to the respondents: the petitioners may submit representation(s) within four weeks, and the respondents must consider them within twelve weeks of receipt in the light of the coordinate Bench's observations in Kaushik Kumar Pandya & Ors. v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.11074/2025, order dated 27.05.2025), the disposal pattern additionally taking into account the coordinate Bench order dated 02.02.2024 in Pawan Meena v. The State of Rajasthan & Ors. (S.B. Civil Writ Petition No.1665/2024). Pending application(s), if any, also stand disposed of.

[2025:RJ-JP:26276]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 10467/2025

Mohneesh Srivastava S/o Shri Sanjay Srivastava, Aged About 29 Years, R/o H. No. 1-K-9, Stc Housing Board Colony, Tehsil And District - Bharatpur, Rajasthan

----Petitioner

Versus

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

The Director (Non- Gazetted), Medical And Health Services, Jaipur, Rajasthan

The Chief Medical And Health Officer, Bharatpur, Rajasthan

The Block Chief Medical Officer, Block Uchchein, District Bharatpur, Rajasthan

----Respondents

Connected With

S.B. Civil Writ Petition No. 10468/2025

Mayank Lawaniya S/o Shri Lokender Sharma, Aged About 33 Years, R/o Near Jagrati Public School, Surajpol Gate Mohalla Gopalgarh, Bharatpur, Tehsil And District Bharatpur, Rajasthan.

----Petitioner

Versus

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

The Director (Non Gazetted), Medical And Health Services, Jaipur, Rajasthan.

The Chief Medical And Health Officer, Bharatpur, Rajasthan.

The Block Chief Medical Officer, Block Sewar, District Bharatpur, Rajasthan.

----Respondents

(2 of 4)

[2025:RJ-JP:26276]

[CW-10467/2025]

S.B. Civil Writ Petition No. 10469/2025

Gaurav Kumar S/o Shri Kailasi Ram, Aged About 36 Years, R/o Near Usha Mandir Bhitar Badi Bayana, Tehsil- Bayana, DistrictBharatpur, Rajasthan.

----Petitioner

Versus

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

The Director (Non-Gazetted), Medical And Health Services, Jaipur, Rajasthan.

The Chief Medical And Health Officer, Bharatpur, Rajasthan.

The Block Chief Medical Officer, Block Bayana, District Bharatpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Mukesh Choudhary for Mr. Sukhdev Singh Solanki For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

15/07/2025

Since, all the writ petitions share similar facts and common question(s) of law, they are being disposed of vide this common order.

Although, these writ petitions are filed for quashing the orders dated 20.05.2025, dated 19.05.2025 and dated 20.05.2025 respectively whereby, the petitioners, working as Pharmacists on urgent temporary basis, have been relieved from the services on account of expiry of the contractual period but,

[2025:RJ-JP:26276]

[CW-10467/2025]

(3 of 4)

learned counsel for the petitioners submits that they would feel contented if they are permitted to submit representation(s) with the respondents to consider their case in the light of an order of a coordinate Bench of this Court dated 27.05.2025 passed in the case of Kaushik Kumar Pandya & Ors. versus State of Rajasthan & Ors.: SB Civil Writ Petition No.11074/2025.

In the case of Kaushik Kumar Pandya & Ors. (supra), this Court observed as under:-

“Be that as it may, the petitioners may file their representation(s) with the concerned Chief Medical and Health Officers for redressal of their grievances.

Having heard learned counsel for the parties, this Court deems it appropriate to direct the respondents to consider engagement/continuous of the petitioners on the post of Pharmacist, in case they feel that the services of the petitioners are required by them.

The present writ petitions stand disposed of, accordingly.

The stay applications also stand disposed of, accordingly.”

Taking into consideration the limited prayer made by the learned counsel for the petitioners and an order of a coordinate Bench of this Court dated 02.02.2024 passed in the case of Pawan Meena versus The State of Rajasthan & Ors.: SB Civil

Writ Petition No.1665/2024 , these writ petitions are disposed of in following terms without issuing notices to the respondents:-

The petitioners are at liberty to submit

representation(s) with the respondents for

(4 of 4)

[2025:RJ-JP:26276]

[CW-10467/2025]

redressal of their grievance(s) within a period of four weeks from today.

The respondents are directed to consider the representation(s) within a period of twelve weeks from the date of receipt in the light of observation made by a coordinate Bench of this Court in the case of Kaushik Kumar Pandya & Ors. (supra).

Pending application(s), if any, also stands disposed of.

(MAHENDAR KUMAR GOYAL),J

DIKSHA /34-36