Rajasthan High Court
Manraj Meena Andors vs State Medical And Healthors on 21 January, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13627/2016
1. Manraj Meena son of Shri Surjan Lal Meena, aged about 33
years, Resident of Badhrayal, Post Kemla, Tehsil Vajirpur, District
Sawai Madhopur (Raj.)
2. Rajeev Bairwa son of Shri Ram Sahay, Resident of F-925,
Gandhi Nagar, Jaipur (Raj.)
3. Mahendra Kumar Verma son of Shri Onkar Mal Verma,
Resident of Ward No.36, Behind Krishi Mandi, Basant Vihar, Sikar
(Raj.)
4. Sumedha Bansal daughter of Shri Virendra Kumar Gupta,
wife of Shri Mayank Bansal, Resident of Plot No.9, Lohiya Colony,
Vaishali Nagar, Jaipur (Raj.)
----Petitioners
Versus
1. State of Rajasthan through Principal Secretary, Medical and
Health Department, Govt. Secretariat, Jaipur (Raj.)
2. Additional Director (Administration), Medical & Health
Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Rajasthan
Jaipur.
----Respondents
For Petitioner(s) : Ms. Sudesh Kasana
For Respondent(s) : Dr. V.B. Sharma, AAG assisted by
Mr. Gaurav Bharadwaj
(2 of 4) [CW-13627/2016]
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment
21/01/2021
1. The issue raised by the petitioners is in relation to the
directions issued earlier by the Court and its interpretation
resulting in ousting the petitioners from their employment. The
petitioners before being terminated from service were working as
a pharmacist and the services of petitioner Nos. 1 to 3 had already
been regularised by the impugned order dated 19.09.2016. 34
pharmacists including the petitioners were terminated from the
services purportedly in compliance of the order passed by this
Court dated 03.11.2015 in S.B. CWP No. 6656/2015-
Satyendra Kumar Vs. State of Rajasthan & Ors.
2. The aforesaid impugned order came to be challenged
before the principal seat at Jodhpur as well as before this Court in
various petitions and it is informed that in S.B. CWP No.
11259/2016-Smt. Rashmi Sharma Vs. State of Rajasthan &
Ors. principal seat at Jodhpur coordinate Bench has allowed the
writ petition vide order dated 09.02.2018 after taking into
consideration the law as settled by the Supreme Court and after
interpreting the judgment passed earlier in Satyendra Kumar
(supra) dated 03.11.2015. Learned coordinate Bench relied upon
a judgment passed in S.B. CWP No.639/2015- Ashok Kumar
Nawal Vs. State of Rajasthan & Ors. which considered the
judgment passed in Satyendra Kumar (supra) case and
observed as under:-
"13. The submissions made by
learned counsel for the respondents that
(3 of 4) [CW-13627/2016]
the ouster is on account of judgment
passed by this Court in the matter of
Satyendra Kumar (supra) cannot be
accepted as in the matter, this Court has
only directed the respondents to apply
30% horizontal reservation in terms of the
precedent law laid down by the Hon'ble
Apex Court in the matter of Rajesh Kumar
Daria (supra).
14. On bare reading of this order, it
nowhere provides for ouster of the
candidates who have already rendered
long services and have been given
appointment strictly in accordance with
law after going through the selection
process.
15. In light of the aforesaid
observations, the present petitions are
allowed, the impugned orders are quashed
and set aside and the respondents are
directed to continue the petitioners on the
post of Pharmacist in terms of the
judgment of Umesh Singhal (supra) and
Ashok Kumar Naval (supra) and the
precedent law of Vikas Pratap Singh
(supra) by not ousting them. The
petitioners who have been appointed
against the vacant post shall be continued
in service but will be placed below the
candidates who are now in the revised
merit list placed higher than them in the
merit. It is made clear that the judgment
passed by the Hon'ble Court at Jaipur
Bench in the matter of Satyendra Kumar
(supra) shall be given effect by creating
extra posts, if so required."
3. In view of the above, this Court agrees that judgment
passed by this Court in Satyendra Kumar (supra), nowhere
directed for dispensing with the services of the petitioners and the
order of dispensing services of the petitioners dated 19.09.2016 is
accordingly quashed and set aside. Further the petitioners shall be
reinstated with all consequential benefits and will be placed in
regular rolls, however, their appointments shall be treated as
against the vacant posts with all continuity of service but in the
seniority, they will be placed below the persons who have been
(4 of 4) [CW-13627/2016]
selected by merit as observed in Satyendra Kumar (supra)
case.
4. The petition is accordingly allowed. No costs.
(SANJEEV PRAKASH SHARMA),J
NAVAL KISHOR/Harshit-82
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