Nirmala vs State Of Rajasthan
2021 Latest Caselaw 9489 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 7320/2021

1. Nirmala D/o Shri Begraj, Aged About 37 Years, R/o Bhawathari, Tehsil Surajgarh, District Jhunjhunu.

2. Saroj Kumari D/o Shri Om Prakash, Aged About 28 Years, R/o Jhajharia Ki Dhani, Chhau, Jhunjhunu.

3. Laxman Charpota S/o Shri Havji Charpota, Aged About 27 Years, R/o Dhanpura Tanda, Mangala, Ward No. 11, Banswara.

4. Nisha Maharia D/o Shri Banwari Lal, Aged About 23 Years, R/o Ward No. 1, Maharia Mohalla, Koodan, District Sikar.

5. Rahul Kumar S/o Shri Suresh Kumar Sain, Aged About 21 Years, R/o Narlai, Tehsil Desuri, District Pali.

6. Taruna Kumari D/o Shri Ajit Kumar Sangiya, Aged About 24 Years, R/o Koliya, District Udaipur.

7. Savita Sur D/o Shri Babu Damor, Aged About 34 Years, R/o Pali Chhoti, Pali Khurd, Banswara.

8. Usha W/o Shri Anil Kumar, Aged About 28 Years, R/o Jetpura, Tehsil Rajgarh, District Churu.

----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 And Health And Family Welfare Services, Swasthya Bhawan, C-Scheme, Tilak Marga, 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, Udaipur, District Udaipur.

5. The Block Chief Medical Officer, Kotra, District Udaipur.

6. The Medical Officer-In-Charge, Primary Health Centre, Mandwa, District Udaipur.

                                          (2 of 3)                   [CW-7320/2021]


                                                                ----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.

In the meantime, the respondents are restrained from

replacing the petitioners with another set of contractual employees

(3 of 3) [CW-7320/2021]

and the petitioners be allowed to continue at the present place of

posting.

(VIJAY BISHNOI),J

7-akash/-

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