Avinash Vyas vs State Of Rajasthan ...
2023 Latest Caselaw 8434 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14071/2019

1. Avinash Vyas S/o Shri Arvind Vyas, Aged About 39 Years, R/o Santosh Nagar, Jahazpur, District Bhilwara.

2. Anurag Pareek S/o Shri Lalit Narayan Pareek, Aged About 35 Years, R/o Jahazpur, District Bhilwara.

3. Ashish Pareek S/o Shri Satish Chandra Pareek, Aged About 34 Years, R/o Kalyan Ji Ke Mandir Ke Pass, Ward No. 13, Jahazpur, District Bhilwara.

4. Sahdev Singh Ghingha S/o Shri Devendra Singh, Aged About 41 Years, R/o Vpo Rampura (Rangmahal), Pilibanga, 1Blw, Hanumangarh.

5. Vinod Kumar S/o Shri Balraj, Aged About 37 Years, R/o Ward No. 5, Sogra, District Hanumangarh.

6. Vinit Kumar Pareek S/o Shri Vimal Prakash Pareek, Aged About 32 Years, R/o Ward No. 17, Krishan Nagar, Jahazpur, District Bhilwara.

7. Ravi Saharan S/o Shri Ranjeet Singh, Aged About 35 Years, R/o 276, Khuri, Tehsil Sujangarh, District Churu.

8. Gagan Singh Mangalia S/o Shri Deen Dayal Singh Mangalia, Aged About 35 Years, R/o Near Ashoka Furniture, Purani Ginani, District Bikaner.

9. Om Prakash Khati S/o Shri Tajaram, Aged About 31 Years, R/o 93, Aguna Bass, Suratsinghpura, District Bikaner.

10. Mahendra Singh S/o Shri Rampratap Singh, Aged About 40 Years, R/o Village Devipura, Tehsil Rajgarh, District Churu.

11. Sarika Jain D/o Shri Mohanlal Jain W/o Shri Naveen Bohra, Aged About 40 Years, R/o Quarter No. 11, Nagar Parishad, Sindhu Nagar, District Bhilwara.

12. Santosh Kumar Sharma S/o Shri Ramavtar Sharma, Aged About 40 Years, R/o Bhilwara, District Bhilwara.

13. Manish Chhangani S/o Shri Bhanwar Lal Chhangani, Aged About 28 Years, R/o Near Ayurvedic Hospital, Tinwari, District Jodhpur.

14. Ravindra Kumar S/o Shri Kanhaiya Lal, Aged About 43 Years, R/o Village Bharu, District Jhunjhunu.

15. Sharafat Hussain S/o Shri Moizzuddin Khan, Aged About

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32 Years, R/o B-3, Behind Bima Hospital, Azad Nagar, Bhilwara.

16. Rajesh Dhayal S/o Shri Sheeshpal Dhayal, Aged About 38 Years, R/o Jhadsar Kandhlan, Taranagar, District Churu.

17. Sunil Kumar S/o Shri Sumer Singh, Aged About 44 Years, R/o Ward No. 3, Village Mainpura, District Jhunjhunu.

18. Dinesh Chand Saini S/o Shri Prabhu Dayal Saini, Aged About 37 Years, R/o Kaneti, Tehsil Kathumar, District Alwar.

19. Mangi Lal Trivedi S/o Shri Natwar Lal, Aged About 36 Years, R/o Valda Vali Gali, Kotiyon Ka Bas, Nadol, District Pali.

20. Ram Kumar Sahu S/o Shri Jagdish Prasad Sahu, Aged About 35 Years, R/o Ganesh Nagar, Rajareddy, Madanganj, Kishangarh, District Ajmer.

21. Krishan Kumar S/o Shri Gaje Singh, Aged About 40 Years, R/o 15 Dpn, Ramgarh, District Hanumangarh.

22. Ram Kumar Saini S/o Shri Sadhuram Saini, Aged About 36 Years, R/o Dhani Rufala, Ward No. 4, Araniya, Shrimadhopur, District Sikar.

23. Dharmendra Singh Kharra S/o Shri Mohan Singh, Aged About 36 Years, R/o Ward No. 8, Bharni, Tehsil Shrimadhopur, District Sikar.

24. Chhail Bihari Gupta S/o Shri Keshav Dev Gupta, Aged About 39 Years, R/o Kasba Nagar, Tehsil Nagar, District Bharatpur.

25. Pavan Kumar Patidar S/o Shri Amarji Patidar, Aged About 35 Years, R/o 02, Vanory, Khargada, District Dungarpur.

----Petitioners Versus

1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Services (Group-Iii), Government Of Rajasthan, Secretariat, Jaipur.

2. The Mission Director (Nhm), Directorate Of Medical And Health And Family Welfare Services, Swasthya Bhawan, C-Scheme, Tilak Marg, Jaipur.

3. The Additional Mission Director (Nhm), Directorate Of Medical Health And Family Welfare Services, Swasthya

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Bhawan, C-Scheme, Tilak Marg, Jaipur.

4. The Project Director (Nhm), Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, C- Scheme, Tilak Marg, Jaipur.

5. The Additional Director (Administration), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

----Respondents

For Petitioner(s) : Mr. Jayram Saran for Mr. Mahaveer Bishnoi For Respondent(s) : Mr. K.S.Rajpurohit, AAG assisted with Mr. Lucky Rajpurohit

JUSTICE DINESH MEHTA

Order

12/10/2023

1. It is submitted by learned counsel for the parties that the

issue raised in the present writ petition is squarely covered by

judgment in the case of Suresh Kumar & Ors. Vs. State of

Rajasthan & Ors.: S.B. Civil Writ Petition No.14497/2017,

decided on 19.12.2018 and therefore, the present writ petition

may also be decided in light of the said judgment.

2. 'In the case of Suresh Kumar (supra), it was directed as

under:-

"Consequently, the writ petitions filed by the petitioners are partly allowed. The action of the respondents in confining the posts of GNM for engagement under the NRHM Scheme pursuant to the directions given by this Court in the case of Raj Kumar (supra) to 3704 posts is quashed and set aside, it is held that besides 3704 posts as determined by the respondents, 2500 more posts of GNM as on 15.04.2008 were available

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for engagement under NRHM Scheme and in view thereof, the respondents are directed to deal with the said 2500 positions of GNM in NRHM Scheme strictly in accordance with the directions issued by this Court on 07.12.2016 in the case of Raj Kumar (supra).

Those engaged on the said 2500 posts, would be treated similarly to the candidates, who were engaged on 3704 posts for all purposes, except for the monetary benefits, which would be available to them from the date of their actual engagement.

The needful be done by the respondents within a period of six weeks from the date of this order. No order as to costs."

3. In view of the submissions made, the writ petition filed by

the petitioners is decided in terms of the judgment in the case of

Suresh Kumar (supra).

4. The writ petition stands disposed of accordingly.

(DINESH MEHTA),J 10-akansha/-

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