Kanvaree vs State Of Rajasthan ...
2023 Latest Caselaw 1242 Raj

[2023/RJJD/003569]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 166/2023

Kanvaree D/o Shri Poonam Ram, Aged About 32 Years, R/o Janduo Ki Dhani, Baytu, District Barmer, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Medical And Health, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Medial And Health Department, Jaipur, Rajasthan.

3. The Director, State Health And Family Welfare Department, Jaipur, Rajasthan.

4. The Superintendent, Government Shishu Grah Bal Adhikarita Vibhag, Barmer, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Manvendra Singh For Respondent(s) : Mr. Lucky Rajpurohit for Mr. K.S.

Rajpurohit, AAG

JUSTICE DINESH MEHTA

Order

02/02/2023

1. Mr. Lucky Rajpurohit, learned counsel for the respondent-

State at the outset submitted that the issue involved in the

present writ petition has been set at rest by this Court by

judgment dated 30.01.2023, rendered in the case of Shanti Bawal

Vs. State of Raj. & Ors. : S.B. Civil Writ Petition No.1770/2023.

2. He submitted that the present writ petition be also dismissed

in light of the adjudication made in Shanti Bawal (supra), as the

petitioner has also worked in Government Shishu Grah Bal

Adhikarita, Vibhag, Barmer.

[2023/RJJD/003569] (2 of 2) [CW-166/2023]

3. Having heard learned counsel for the parties and upon

perusal of the material available on record, this Court is of the

considered view that the issue involved in the present writ petition

is squarely covered against the petitioner by way of adjudication

made in Shanti Bhawal's case (supra), in which this Court has

been held thus:-

"8. A simple Look at the above quoted para of the advertisement shows that a candidate having performed/worked as ANM/Nurse that too under the Hospital/clinics being run by Medical and Health Department whether in contractual capacity or through placement agency or on urgent temporary basis alone is entitled for bonus marks and corresponding experience certificates.

9. As against this, the petitioner has worked under the respondent No.3 - Superintendent, Government Communication and Juvenile Home, Pali, Rajasthan, which falls under the Child Development and Welfare Department and not under department of Medical and Health Department.

10. Moreso, as the petitioner has worked in Child adoption Center/Child Homes, her duties cannot be equated with that of a Nurse/ANM."

4. In view of the aforesaid, the present writ petition is also

dismissed in light of adjudication made in the case of Shanti Bawal

(supra).

5. Stay petition also stands dismissed.

(DINESH MEHTA),J 194-Ramesh/-

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