Citation : 2021 Latest Caselaw 9488 Raj
Judgement Date : 19 May, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7322/2021
1. Vinod Kumari D/o Shri Om Prakash, Aged About 35 Years, R/o Ward No. 5, Lohasana Bora, Churu, District Churu.
2. Geeta Kumari D/o Shri Amar Singh, Aged About 33 Years, R/o Ward No. 3, Abhaipura, Jharsar Chhota, Tehsil Taranagar, District Churu.
3. Ram Kanya D/o Shri Chuni Lal, Aged About 26 Years, R/o Chandani Chowk, Jhadsar Kandhlan, District Churu.
4. Durga Meghwal D/o Shri Mangilal, Aged About 34 Years, R/o Kewalpura, District Chittorgarh.
5. Sharmila Kumari D/o Shri Ranjeet Singh Jakhar, Aged About 26 Years, R/o Ward No. 6, Jerthi, Subhash Nagar, District Sikar.
6. Titikshta Sharma D/o Shri Om Prakash Sharma, Aged About 28 Years, R/o Dalot, District Pratapgarh.
7. Veermal Rana S/o Shri Mangilal Rana, Aged About 28 Years, R/o Ward No. 7, Movaipada, Peepalkhunt, District Pratapgarh.
8. Surta Kumari Meena D/o Shri Ray Chand, Aged About 24 Years, R/o Patliya, Ambeerama, District Pratapgarh.
9. Lalita Garasiya D/o Shri Vish Ram Garasiya, Aged About 34 Years, R/o Phulpuri, Ram Ka Munna, Banswara.
----Petitioners Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director (PH), Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, C-Scheme, Tilak Marg, Jaipur.
3. The Mission Director, National Health Mission, Medical And Health Family Welfare Department, Directorate, National Health Mission, Tilak Marg, C-Scheme, Jaipur.
4. The Chief Medical And Health Officer, Pratapgarh, District Pratapgarh.
5. The Block Chief Medical Officer, Arnod, District Pratapgarh.
(2 of 3) [CW-7322/2021]
6. The Medical Officer-In-Charge, Primary Health Centre, Ambirama, District Pratapgarh.
----Respondents
For Petitioner(s) : Mr. Mahaveer Bishnoi (through VC)
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
19/05/2021
Learned counsel for the petitioners has submitted that the
petitioners are working on the post of Nurse Grade-II (GNM)/
ANM/ Lady Health Visitor/ Pharmacist/ MPW and also upon various
other posts as provided under the particular CHCs and PHCs
purely on contractual basis with the respondents. It is submitted
that the contractual period is going to expire on 19.05.2021 and
21.05.2021.
It is argued that on account of present situation of COVID-19
Pandemic, the Medical Health Department requires the continuous
service of medical and para medical staff, however, the
respondents are now proceeding to end the contract of the
petitioners and are replacing them with another set of contractual
employees, which is illegal. It is also submitted that a Co-ordinate
Bench of this Court at Jaipur Bench in SB Civil Writ Petition
No.5793/2021 issued notices to the respondents and also passed
an interim order restraining the respondents from terminating the
contract of the similarly situated persons.
Issue notice. Issue notice of stay petition also, returnable on
15.07.2021 and be given 'dasti' to learned counsel for the
petitioners for service.
(3 of 3) [CW-7322/2021]
In the meantime, the respondents are restrained from
replacing the petitioners with another set of contractual employees
and the petitioners be allowed to continue at the present place of
posting.
(VIJAY BISHNOI),J
8-akash/-
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