Smt.Sarla Irin James And Ors vs State (2024:Rj-Jp:32717)
2024 Latest Caselaw 5160 Raj/2

Rajasthan High Court

Smt.Sarla Irin James And Ors vs State (2024:Rj-Jp:32717) on 1 August, 2024

Author: Mahendar Kumar Goyal

Bench: Mahendar Kumar Goyal

[2024:RJ-JP:32717]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                     S.B. Civil Writ Petition No. 1879/2007

1. Smt. Sarla Irin James wife of Shri Wahid Khan, aged about 54
years, resident of Subhash Colony, Shastri Nagar, Jaipur
2. Smt. Aluyama Babu wife of Shri Thomas Babu, aged about 47
years, resident of 26, Jagdish Colony, Niwaru Road, Jhotwara,
Jaipur
3. Smt. E.S. Rowland wife of late Shri Prem Singh, aged about
57 years, resident of 10, Mission Compound, Near Ajmer Road,
Jaipur
4. Smt. Marry Kutty K.V. Wife of Shri C.C. Chacko, aged about
50 years, resident of 8-B, Govindpuri, Sodala, Jaipur
5. Smt. Madhu Bal Sharma wife of Shri Ramesh Chandra
Sharma, aged about 46 years, resident of D-1, Durga Marg, Bani
Park, Jaipur.
6. Smt. Phylsy Kutty wife of Shri Thomas Mathew, aged about 44
years, resident of BL-18, Double Storey, Vidhyadhar Nagar,
Jaipur
7. Ms. Pramala Rose Daughter of Late Shri James V. Singh, aged
about 41 years, resident of 15, Subhash Colony, Shastri Nagar,
Jaipur
8. Smt. Molly T.A. Wife of Shri K.M. Mathew, aged about 54
years, resident of C.1/4, Sector 1 Vidhyadhar Nagar, Jaipur
9. Smt. Maya Jeenath wife of Shri Dilip George, aged about 39
years, resident of 15, Subhash Colony, Shastri Nagar, Jaipur
10. Smt. Gopal Devi wife of Shri Laxman Singh, aged about 58
years, Plot No.72, Azad Basti, Sansar Chandra Road, Jaipur
11. Smt. Shineymol Joseph Wife of Shri Sunny, aged about 39
years, resident of 590, Devi Nagar, New Sanganer Road, Jaipur
12. Smt. Geetha B. Wife of Shri Raju B. aged about 40 years,
resident of 115, Govind Nagar, Behind D.C.M. Ajmer Road, Jaipur
13. Smt. Helan Hactor Wife of Shri Rajesh Messey, aged about
40 years, resident of Q.4, Mission Compound, Ajmer Road, Jaipur
                                                                      ----Petitioners
                                         Versus
State of Rajasthan through the Director, Medical & Health
Department, Swasthya Bhawan, Tilak Marg, Jaipur
                                                                     ----Respondent


For Petitioner(s)              :    Mr. Shobit Tiwari
For Respondent(s)              :    Mr. Archit Bohra, AGC



       HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

                              Judgment / Order

01/08/2024



                         (Downloaded on 01/08/2024 at 08:57:49 PM)
                                    [2024:RJ-JP:32717]                    (2 of 2)                      [CW-1879/2007]



                                         This writ petition has been filed with, inter alia, following

                                   prayer:-
                                                  "(iii) issue an appropriate writ, order or
                                            direction in the nature thereof declaring the rules
                                            not providing proper means of promotion to the
                                            Health Workers concerned to the post on which
                                            they are working to be ultra vires with the
                                            directions   to    provide       appropriate         channel   of
                                            promotion on the post on which they are working."

                                         Validity of the statutory rules cannot be assailed before a

                                   Single Bench of this Court, the position not disputed even by the

                                   learned counsel for the petitioners.

The further prayer of the petitioners for their promotion on

the post of Nurse Grade-II does not survive in view of amendment

in the rules making the post of Nurse Grade-II to be filled in 100%

by direct recruitment.

In view of the aforesaid, this writ petition is dismissed.

Pending application(s), if any, also stands disposed of.

(MAHENDAR KUMAR GOYAL),J

Manish/105

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