Sukha Ram vs The State Of Rajasthan
2023 Latest Caselaw 503 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 26/2023

Sukha Ram S/o Shri Prabhu Ram, Aged About 35 Years, Resident Of Jaton Ka Mohalla, Near Jamna Masjid, Vpo Mithari, Tehsil Nawa, District Nagaur.

----Appellant Versus

1. The State Of Rajasthan, Through Secretary To The Government, Medical And Health (Group-Ii) Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. Director, State Health And Family Welfare Institution, Rajasthan, Jaipur.

3. Joint Director, Medical And Health Department, Rajasthan, Ajmer.

4. Chief Medical And Health Officer, Nagaur.

5. Block Chief Medical Officer, Kuchaman City, Distt. Nagaur.

6. In-Charge Medical Officer, Primary Health Centre, Mithari, Nawa, Distt. Nagaur.

                                                                 ----Respondents


For Appellant(s)          :     Mr. Manoj Bohra
For Respondent(s)         :     --



          HON'BLE MR. JUSTICE SANDEEP MEHTA
          HON'BLE MR. JUSTICE KULDEEP MATHUR

                                 Judgment

12/01/2023

The instant intra court appeal has been directed against

order dated 06.01.2023 passed by learned Single Bench of this

Court whereby the writ petition filed by the appellant-writ

petitioner was dismissed.

The appellant-writ petitioner prayed for the following reliefs

in writ petition (S.B. C.W. No.19027/2022) preferred before

learned Single Bench:-

(2 of 3) [SAW-26/2023]

"It is, therefore, most respectfully prayed on behalf of petitioner that the writ petition. may kindly be allowed and:-

I. by an appropriate writ, order or direction, the impugned order 09.12.2022 (Annex.8) passed by the Block Chief Medical Officer, Kuchaman City, Distt. Nagaur may kindly be quashed and set- aside and the respondents may kindly be directed to issue the experience certificate to the petitioner on the post of Pharmacist in prescribed format.

II. by an appropriate writ, order or direction, during pendency of writ petition, if any order has been passed or action taken against the petitioner prejudice to his interest, the same may be quashed and set-aside. III. Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.

IV. Costs of the writ petition may kindly be awarded to the petitioner."

From the perusal of the record of the case, it emerges that

the appellant was appointed as Computer Operator in the

respondent-department w.e.f. 31.03.2016 on contractual basis.

The appellant during the course of discharge of his duties as

Computer Operator, on a few occasions under instructions of

higher authorities, also worked as Pharmacist. The appellant vide

application dated 09.12.2022 requested Block Chief Medical

Officer, Kuchaman City, District- Nagaur to issue him experience

certificate against his working on the post of Pharmacist rendering

him eligible for claiming bonus marks for appointment on the post

of Nursing Officer/Pharmacist pursuant to the advertisement dated

16.11.2022 issued by the State Medical and Family Welfare

(3 of 3) [SAW-26/2023]

Institution Rajasthan, Jaipur. The Block Chief Medical Officer,

Kuchaman City, District- Nagaur through communication dated

09.12.2022 refused to issue experience certificate of Pharmacist.

Aggrieved by the denial of experience certificate, the

appellant-writ petitioner filed a writ petition before learned Single

Bench which came to be dismissed vide order dated 06.01.2023.

Hence, this special appeal (writ).

It is not in dispute before us that the appellant-writ

petitioner was appointed as contractual Computer Operator in the

respondent-department w.e.f. 31.03.2016. It may be true that on

certain occasions, the appellant was asked to work as Pharmacist

but the said working of the appellant in no manner changes his

designation or status of being a Computer Operator in the

respondent-department.

We are of the firm opinion that intermittent working as

Pharmacist can by no stretch of imagination be equated with the

appointment on the said post and thus, the request to issue

experience certificate for claiming bonus for the post of Nursing

Officer/Pharmacist pursuant to the advertisement dated

16.11.2022 is not sustainable in the eyes of law.

In view of above, no case for interference in order dated

06.01.2023 passed by learned Single Bench is made out.

Accordingly, the instant intra court appeal is dismissed.

No order as to costs.

(KULDEEP MATHUR),J (SANDEEP MEHTA),J

190-RaviKh/-

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