Bombay High Court
Ashwini Punjaji Ingale vs The State Of Maharashtra And ... on 15 March, 2022
Bench: S.S. Jadhav, S. G. Dige
1
909-WP-14971-21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
909 WRIT PETITION NO. 14971 OF 2021
Ashwini d/o Punjaji Ingale,
Age- 30 years, Occup- Nurse,
R/o: Dhahigav, Tq. Jafrabad,
District Jalna. ... PETITIONER
VERSUS
1. The State of Maharashtra,
Through its Secretary,
Ministry of Health and Family Welfare.
2. The State of Maharashtra,
Department of Rural Development,
Through its Secretary, Mantralaya,
Mumbai.
3. Director of Health Services
Saint George Hospital Compound
P.D. Mello Road, Mumbai 400 001
4. The District Health Officer,
Zilla Parishad, District : Jalna
5. The Chief Executive Officer,
Zill Parishad, District Jalna ... RESPONDENTS
....
Mr. Pramod A. Kulkarni, Advocate for petitioner
Mr. P.S. Deshmukh, AGP for respondent Nos. 1 to 4
...
CORAM : SMT. SADHANA S. JADHAV &
S.G.DIGE, JJ.
DATE : 15.03.2022
909-WP-14971-21
ORAL JUDGMENT :
1. Rule. Rule made returnable forthwith. Heard
finally, with consent of the learned counsel for the parties at
the admission stage.
2. The petitioner-herein submits that she has
completed her Nursing course in May-2009 duly registered
with Maharashtra Nursing Council.
3. Prayer of the petitioner is as follows: -
"(b) By an order of this Hon'ble Court, direct
the respondent authorities to regularize the
service of the present petitioner as Health
Worker/ANMs."
4. The learned counsel for the petitioner submits
that issue in question is decided by this Court
(Coram : S.V. Gangapurwala and R.N. Ladda, JJ.) by order
dated 24th November, 2021. In the said petition, this Court
had given directions for regularization of the posts of
similarly situated persons either on the posts on which they
were working or under the RCH or any other course
considering their services.
5. Upon perusal, it appears that case of the
petitioner falls in the same category. Hence, the petition
deserves to be allowed in the following directions:
909-WP-14971-21
6. In the light of the order passed by this Court on
24th November, 2021, we direct the State Government to
consider the case of the petitioner for regularization either
on the post on which she is working under the RCH or some
other post under the State Government considering the
length of service. The State Government can also fix the cut
off date viz. that the person working for a minimum period
of particular years may be considered for regularization.
7. The State Government may take decision upon
the aforesaid aspect i.e. the regularization of the services of
the petitioner as discussed above on its own merits,
expeditiously and preferably within a period of (06) months
from today.
8. With the aforesaid observations and directions,
writ petition is allowed. Rule is made absolute in above
terms.
[S.G.DIGE, J.] [SMT. SADHANA S. JADHAV, J.]
mtk
