Rajasthan High Court - Jodhpur
Pavanesh Chandra vs The State Of Rajasthan on 16 July, 2021
Bench: Sabina, Vinit Kumar Mathur
(1 of 4) [SAW-266/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Special Appeal (Writ) No. 266/2021
in
S.B. Civil Writ Petition No.3521/2021
Pavanesh Chandra S/o Shri Hansa Ram, Aged About 35 Years,
R/o Village Post Raniwada Kalla, Tehsil Raniwada District Jalore,
Rajasthan.
----Appellant
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Medical And Health Services (Grade - III), Government Of
Rajasthan, Secretariat, Jaipur (Rajasthan).
2. The Directorate Of Medical And Health Services,
Government Of Rajasthan Through its Director, Behind
Secretariat, C Scheme, Ashok Nagar, Jaipur.
3. GVK, Emergency Management And Research Institute,
Rajasthan, SIHFW Building, South Of Doordarshan
Kendra, Jhalana Institutional Area, Jaipur (Rajasthan)
through its Head-Human Resources and CS.
4. The Joint Director, Medical And Health Science, Zone
Jodhpur, Jodhpur.
5. The Chief Medical And Health Officer, C.M.H.O. Office,
Jalore.
----Respondents
For Appellant(s) : Mr.Himanshu Choudhary, Advocate
through Video Conferencing
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
16/07/2021
The appellant has filed the appeal challenging the order
dated 01.03.2021 passed by the learned Single Judge, whereby,
the writ petition filed by the appellant was dismissed.
(2 of 4) [SAW-266/2021]
Learned counsel for the appellant has submitted that
appellant had applied for the post of Nurse Grade-II and he was
required to be given bonus marks as he had already served with
the respondents and was entitled to be issued experience
certificate.
Petitioner had filed the writ petition seeking following
reliefs :-
"a. Quash the order/judgment dated 01.03,2021
passed by the Learned Single Judge;and/or
b. By an appropriate writ, order or direction, the
respondents may kindly be directed to renew the
contractual employment of the Appellant from
18.03.2015 and consider the services of the Appellant
for the tenure of 18.06.2014 to 03.06.2018 and;
c. By an appropriate writ, order or direction, the
respondents may kindly be directed that, subsequent
to renewal/extension of services the Appellant may
kindly be issued experience letter for the tenure of
18.06.2014 to 03.06.2018 like similarly situated
employees and;
d. By an appropriate writ, order or direction, the
Respondents may kindly be directed to reconsider the
Appellant's candidature by considering experience
certificate issued by the Respondent Authorities and
grant the bonus marks in terms of experience letter
and accordingly re-draw the merit list and if Appellant
get selected then grant appointment for the Nurse
Grade-II in terms of the advertisement dated
30.05.2018 and:
e. Any other order which this Court may deem it fit
and appropriate in the interest of justice, equity and
good conscience may also be passed in favour of the
humble Appellant."
After hearing learned counsel for the appellant and going
through the record available on record, we are of the opinion that
(3 of 4) [SAW-266/2021]
that the writ petition had been rightly dismissed by the learned
Single Judge.
Appellant was offered appointment vide order dated
10.06.2014 as Emergency Medical Technician (EMT) for a period of
one year by the respondents. The services of the appellant were
terminated by the respondents vide order dated 18.03.2015.
Aggrieved against the said order, appellant preferred a writ
petition in this Court and the said writ petition was allowed by the
learned Single Judge vide order dated 18.07.2018 and the transfer
order dated 02.03.2015 as well as termination order dated
18.03.2015 were quashed and set aside. However, the order
passed by the learned Single Judge was challenged by the
respondents by filing an appeal. The appeal was allowed by the
Division Bench vide order dated 6.5.2019 and consequently, the
writ petition filed by the appellant was dismissed. Thereafter, the
appellant approached the Hon'ble Supreme Court and the appeal
filed by the appellant was disposed of vide order dated 30.08.2019
with the following observations:
"However, considering the fact that the petitioner was
employed on contract for a period of 12 months out of
which he had already worked for 10 months, in our
view, the ends of justice of would be met if we direct
the respondents herein to make over a sum of
Rs.25,000/- (Rupees twenty five thousand only) to
the petitioner. We order accordingly.
Let a sum of Rs.25,000/- be made over to the
petitioner within four weeks from today.
We however do not express any opinion on merits of
the case and leave the mater to be decided in an
appropriate case.
With the aforesaid observations, the special leave
petition is disposed of.
Pending application(s), if any, shall stand disposed of."
(4 of 4) [SAW-266/2021]
Review petition filed by the appellant was also dismissed by
the Hon'ble Supreme Court vide order dated 25.08.2020.
Thereafter, the appellant applied for the post of Nurse Grade-II
and has claimed experience certificate as well as bonus marks.
A perusal of the order passed by the Hon'ble Supreme Court
reveals that the appellant was granted compensation to the tune
of Rs.25,000/- while considering the fact that out of the contract
period of 12 months, appellant had already worked for 10 months.
Since, the termination order of the appellant dated 18.03.2015
was upheld by the Division Bench of this Court, the appellant
cannot claim the relief of issuance of experience certificate for the
tenure from 18.06.2014 to 03.06.2018 as his services already
stood terminated on 18.03.2015.
In the facts and circumstances of the present case, the
learned Single Judge rightly observed that the appellant was not
entitled for any bonus marks because the appellant had not
worked for the required period.
No ground for interference is made out.
Dismissed.
(VINIT KUMAR MATHUR),J (SABINA),J
18-/vivek/praveen/-
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