Rajasthan High Court
Tikendra S/O Shri Om Prakash vs State Of Rajasthan on 7 February, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1908/2022
Tikendra S/o Shri Om Prakash, Aged About 36 Years, R/o
Kauthawas, Mohalla Pisangan, Police Station Pisangan District
Ajmer.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Medical And Health, Govt. Of Rajasthan,
Govt. Secretariat, Jaipur.
2. Director Medical And Health, Swasthya Bhawan, Tilak
Marg, C-Scheme, Jaipur.
3. Chief Medical And Health Officer, Ajmer, Rajasthan.
4. Block Chief Medical Officer, Pisangan, Ajmer.
5. Senior Medical Officer, In-Charge Community Health
Center, Pisangan, Ajmer.
----Respondents
For Petitioner(s) : Mr. Ramdhan Choudhary through VC
For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
07/02/2022
This writ petition has been preferred assailing the legality
and validity of the order (letter) dated 06.01.2022 containing an
information that as on date, the post of temporary Helper in Drug
Distribution Centre (DDC), Community Health Centre, Pisangan,
Ajmer, is not vacant.
The facts in brief, as emerge in the writ petition, are that in
pursuance of advertisement dated 27.09.2011 inviting applications
for appointment on the post of Pharmacist and Helper on
temporary contract basis, the petitioner was appointed as Helper
in the office of Chief Medical Officer, Government Satellite
Hospital, Ajmer. On an earlier occasion, when the petitioner felt
(2 of 3) [CW-1908/2022]
threat to his service, he preferred a Writ Petition No.8975/2014
wherein, a Coordinate Bench of this Court, vide its order dated
17.09.2015, directed the respondents to continue the petitioner
till continuation of the scheme subject to number of sanctioned
post of employees in order of the date of engagement. Thereafter,
the petitioner was convicted by the Court of learned Additional
Sessions Judge (Women Atrocities Cases), Ajmer in Sessions Case
No.78/2016 (CIS No.272/2016) vide its judgment dated
23.10.2021 under Sections 498-A, 304-B & 406 IPC and Section
3/4 of the Dowry Prohibition Act, 1961 (for brevity "the Act of
1961") and was sentenced to maximum term of seven years. The
sentence has been suspended by this court vide its order dated
17.12.2021 in SB Criminal Appeal No.1748/2021. Thereafter, the
petitioner applied with the respondents to permit him to rejoin on
the post of Helper whereupon, the Senior Medical Officer, In-
charge, Community Health Centre, Pisangan has, vide its letter
dated 06.01.2022 impugned in the writ petition, apprised the
Block Chief Medical Officer, Pisangan that on account of pendency
of criminal case, his services were terminated vide order dated
12.09.2016 and vide order dated 14.10.2016, another person was
appointed against the vacant temporary post of Helper and as on
date, there was no vacancy of Helper.
Learned counsel for the petitioner contended that he is
entitled for reinstatement/rejoin on account of suspension of the
sentence awarded to him by the learned trial Court vide its
judgment dated 23.10.2021. He submitted that the petitioner has
almost five years experience on the post of Helper and hence, the
writ petition be allowed and the respondents may be directed to
permit him to rejoin on the post of Helper.
(3 of 3) [CW-1908/2022]
Heard and considered.
Indisputably, the petitioner was appointed as Helper on
purely contractual basis and his services have been terminated
vide order dated 12.09.2016 which has not been challenged by
him. A perusal of the letter dated 06.01.2022 reveals that in his
place, one Shri Mahendra Kumar Prajapat has already been
appointed on contract basis vide order dated 14.10.2016 who is
still working and no post of Helper is vacant in the office. In view
thereof, the petitioner is not entitled for reinstatement/rejoining
on a temporary post on which he was appointed on purely
contractual basis which, as a matter of fact, is not vacant also as
on date. Learned counsel for the petitioner could not satisfy this
Court as to his legal right to rejoin/reinstatement. Even otherwise
also, the petitioner stands convicted under Sections 498-A, 304-B
& 406 IPC and Section 3/4 of the Act of 1961 and vide order dated
17.12.2021, this Court has stayed sentence only; but, the order of
conviction involving moral turpitude still stands and hence, he has
no right to rejoin.
There is another aspect of the matter. The letter dated
06.01.2022 simply informs the Block Chief Medical Officer as to
unavailability of vacancy on the post of temporary Helper in the
office which cannot be said to be in violation of any of the rights of
the petitioner, in absence of his claim as to the information being
false.
In view thereof, this writ petition is devoid of merit and is
dismissed accordingly.
(MAHENDAR KUMAR GOYAL),J
Manish/94
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