Chukee Kumari vs State Of Rajasthan ...
2023 Latest Caselaw 1320 Raj

[2023/RJJD/003809]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17934/2022

Chukee Kumari D/o Shri Gorkha Ram, Aged About 24 Years, R/o Village Dhanrniya, Post Siwada, Tehsil Chitalwana, District Jalore, Rajasthan.

----Petitioner Versus

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

2. The Director, Department Of Medical And Health Services, Jaipur, Rajasthan.

3. The Additional Director (Admn.), Department Of Medical And Health Services, Jaipur, Rajasthan.

4. The Chief Medical And Health Officer, Jalore, District Jalore, Rajasthan.

----Respondents

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

Rajpurohit, AAG

JUSTICE DINESH MEHTA

Order

03/02/2023

1. Mr. Lucky Rajpurohit, learned counsel appearing for the

respondents at the outset submitted that the issue involved in the

instant writ petition is squarely covered by the judgment dated

23.01.2023 passed by this Court in the case of Pramila Vs. State

of Rajasthan & Ors. (S.B. Civil Writ Petition No.14794/2022 and

other connected writ petitions).

2. Mr. Shekhawat, learned counsel for the petitioner is not in a

position to dispute the aforesaid position of facts and law.

[2023/RJJD/003809] (2 of 2) [CW-17934/2022]

3. It is not disputed that the petitioner has worked as Covid

Health Assistant.

4. This Court in the case of Pramila (supra) has held thus:-

"8. Heard learned counsel for the parties and perused the material available on record.

9. A perusal of the relevant clause of the circular dated 12.05.2022 (Annexure.4) leaves no room for ambiguity that the same was issued in relation to the recruitment conducted by the State Government pursuant to advertisement/recruitment notifications dated 27.04.2021 and 05.05.2021 and that too for persons providing clinical services, whereas the petitioners were engaged in furtherance of the order dated 18.05.2021 as Covid Health Assistant/Consultant. They did not provide clinical services which is a condition precedent to claim priority or preference.

10. That apart, duties which the petitioners have discharged cannot be equated with the duties assigned to and discharged by ANM/GNM, for which posts the present recruitment dated 29.04.2022 was issued.

11. Finding no force and substance in the present writ petitions, the same are hereby dismissed.

12. The stay applications also stand dismissed accordingly."

5. Following the adjudication made in the case of Pramila

(supra), the present writ petition is dismissed.

6. Stay application also stands dismissed accordingly.

(DINESH MEHTA),J 54-Arvind/-

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