Rajasthan High Court - Jodhpur
Vinita Jaiswal vs State Of Rajasthan on 6 January, 2021
(1 of 2) [CW-2074/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2074/2020
1. Vinita Jaiswal D/o Ishwar Lal Jaiswal, Aged About 38
Years, Kesar Bag, Badnor, Tehsil Asind District Bhilwara
2. Deepika Arya D/o Rajkumar Arya, Aged About 24 Years,
Main Bazar, Ajeetgarh, Rajsamand
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Medical And
Health Services, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Director, Medical And Health Services, Rajasthan,
Jaipur.
3. The Additional Director (Administration), Medical And
Health Services, Government Of Rajasthan, Jaipur.
4. The Joint Director, Medical And Health Service, Zone
Ajmer.
5. The Chief Medical And Health Officer, Rajsamand.
6. The Chief Medical And Health Officer, Jaipur.
----Respondents
For Petitioner(s) : Mr. Darshan Jain (through VC)
For Respondent(s) : Mr. K.S. Rajpurohit, AAG (through VC)
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
06/01/2021
Learned counsel for the petitioners submits that issue raised
in the present writ petition is squarely covered by judgment in
Vidya Kumari Tailor v. State of Rajasthan in S.B. Civil Writ Petition
No.4974/2020, decided on 08.09.2020, therefore, the petitioner is
entitled to similar relief as granted in the case of Vidya Kumari
Tailor (supra).
A Coordinate Bench of this Court in the case of Vidya Kumari
Tailor (supra) inter-alia laid down and directed as under:-
"24. In view of the aforesaid, and having regard
to the fact that Lady Health Visitor is a promotional
post from ANM under the Rules of 1965 and further
(2 of 2) [CW-2074/2020]
because no direct recruitment takes place for 'Lady
Health Visitor', this court is of the considered opinion
that a candidate having worked as Lady Health Visitor
on contract basis or under a scheme of Government, is
entitled for bonus marks for the experience she has
gained as a Lady Health Visitor.
25. All the captioned writ petitions are, therefore,
allowed; rejection or denial of bonus marks to the
petitioners for the period they have worked as Lady
Health Visitor is held illegal, arbitrary and contrary to
the object sought to be achieved by the Rules of 1965.
26. The respondents are directed to award bonus
marks to the petitioners for the period during which,
they have performed the duties of LHV.
27. Needful be done within a period of six weeks from
today. Consequent to grant of bonus marks, if the
petitioner(s) fall in merit, she/they be accorded
appointment subject of course to fulfilling other
eligibility criteria, preferably by 31.10.2020."
Learned AAG appearing for the respondents is not in a
position to dispute that the issue raised in the writ petition is
squarely covered by judgment in the case of Vidya Kumari Tailor
(supra).
In view of the above, the writ petition filed by the petitioners
is allowed in light of and with similar directions given in the case
of Vidya Kumari Tailor (supra).
The respondents consequent to grant of bonus marks, if the
petitioners fall in merit, shall accord appointment to the
petitioners subject to fulfilling other eligibility criteria preferably by
31.01.2021.
(ARUN BHANSALI),J
5-pradeep/-
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