Suman Kumari vs State Of Rajasthan
2022 Latest Caselaw 3499 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3324/2020

Suman Kumari D/o Shubhram Sharma, Aged About 37 Years, R/ o Village Post Vpo Hansiyawas, Tehsil Rajgarh, Sadulpur, District Churu.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur (Raj.).

2. The Additional Director (Adminisration), Medical And Health Services, Rajasthan, Jaipur.

----Respondents Connected With S.B. Civil Writ Petition No. 9822/2019 Vimal Trivedi S/o Shri Bhawani Shankar, Aged About 39 Years, By Caste Trivedi, Resident Of Village Post Nawalshyam, Tehsil Bichhiwara, District Dungarpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Additional Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur.

2. The Addl. Director (Admn.), Medical And Health Services, Heath Bhawan, Jaipur.

3. The Mission Director, National Health Mission, Health Bhawan, Jaipur.

4. The Mission Director, National Health Mission, Sabarkantha District Gujrat.

                                                                  ----Respondents


For Petitioner(s)         :     Mr. Rajat Dave
                                Mr. Yashpal Khileree
For Respondent(s)         :     Mr. K.S. Rajpurohit, AAG.


        HON'BLE MR. JUSTICE ARUN BHANSALI
                       Order
07/03/2022

These writ petitions have been filed by the petitioners seeking

direction to the respondents to include the names of the petitioners in

the provisional selection list and allow them in document verification/,

counseling pursuant to the recruitment for the post of Nurse Grade II -

(2 of 2)

2018 vide advertisement dated 30.05.2018/Female Health Worker-2018

vide advertisement dated 18.06.2018.

Further submissions have been made to consider the experience

of the petitioners under the National Health Mission gained outside the

State of Rajasthan.

Learned AAG made submissions that the issue raised by the

petitioners is no more res integra, as Division Bench of this Court in

State of Rajasthan Vs. Satya Dev Bhagaur & Ors.: D.B. Civil Special

Appeal (Writ) No. 837/2019, came to the conclusion that the intention

of the State is to grant the benefit of award of bonus marks to those

employees, who are enumerated in the schemes within the State of

Rajasthan and no other and, consequently, the order passed by Learned

Single Judge therein was set aside.

Against the said judgment, Hon'ble Supreme Court in Satya Dev

Bhagaur Vs. State of Rajasthan: Civil Appeal No. 1422/2022, decided

on 17.02.2022 has upheld the judgment of the Division Bench and

consequently, the petitioners are not entitled to any relief.

Counsel for the petitioners though attempted to make

submissions based on the fact that Hon'ble Supreme Court while

deciding the appeal has referred to the judgment in Jagdish Prasad Vs

State of Rajasthan : D.B. Special Appeal (Writ) No. 12942/2015,

decided on 09.02.2016, however, as the issue already stands concluded

by the Division Bench judgment, which has been upheld by the Hon'ble

Supreme Court, no case for any direction contrary to the Division Bench

judgment in the case of Satya Dev Bhagaur (supra), is made out. The

petitions are, therefore, dismissed.

(ARUN BHANSALI),J 2-3 Sumer/-

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