Rajasthan High Court - Jodhpur
Maan Singh & Ors vs State & Ors on 4 October, 2016
1
118 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
--------------------------------------------------------
CIVIL WRIT (CW) No. 8961 of 2016
PETITIONERS:-
1. Maan Singh S/o Karan Singh Age 29 years R/o At
present working as Driver of 104 Ambulance "Janani
Express" at CHC, Pokran District Jaisalmer
2. Lal Singh S/o Arjun Singh R/o At present working as
Driver of 104 Ambulance "Janani Express" at CHC,
Pokran District Jaisalmer
3. Raghuveer Singh S/o Tej Singh R/o At present
working as Driver of 104 Ambulance "Janani Express"
at CHC, Pokran District Jaisalmer
4. Guman Singh S/o Lakh Singh R/o At present
working as Driver of 104 Ambulance "Janani Express"
at PHC, Poonam Nagar District Jaisalmer
5. Bhim Singh S/o Devi Singh R/o At present working
as Driver of 104 Ambulance "Janani Express" at PHC,
Poonam Nagar District Jaisalmer
6. Magh Singh S/o Dal Singh R/o At present working as
Driver of 104 Ambulance "Janani Express" at PHC,
Nokh District Jaisalmer
7. Bhakhar Singh S/o Narayan Singh R/o At present
2
working as Driver of 104 Ambulance "Janani Express"
at PHC, Nokh District Jaisalmer
8. Bagaram S/o Prataparam R/o At present working as
Driver of 104 Ambulance "Janani Express" at PHC,
Nokh District Jaisalmer
9. Moola Ram S/o Majnaram R/o At present working as
Driver of 104 Ambulance "Janani Express" at PHC,
Jhinjhaniyali District Jaisalmer
10. Prem Kumar S/o Laxman Ram R/o At present
working as Driver of 104 Ambulance "Janani Express"
at PHC, Deva District Jaisalmer
11. Jeeva Ram S/o Maru Ram Prem Kumar R/o At
present working as Driver of 104 Ambulance "Janani
Express" at PHC, Deva District Jaisalmer
12. Madan Lal S/o Chaina Ram Prem Kumar R/o At
present working as Driver of 104 Ambulance "Janani
Express" at PHC, Loharki District Jaisalmer
13. Bhur Singh S/o Bhanwar Singh R/o At present
working as Driver of 104 Ambulance "Janani Express"
at PHC, Loharki District Jaisalmer
14. Girdhar Singh S/o Kalu Singh R/o At present
working as Driver of 104 Ambulance "Janani Express"
at PHC, Loharki District Jaisalmer
15. Ugam Singh S/o Shyam Singh R/o At present
3
working as Driver of 104 Ambulance "Janani Express"
at CHC, Phalsund District Jaisalmer
16. Babu Singh S/o Amar Singh R/o At present working
as Driver of 104 Ambulance "Janani Express" at CHC,
Phalsund District Jaisalmer
17. Pradeep Singh S/o Kalu Singh R/o At present
working as Driver of 104 Ambulance "Janani Express"
at CHC, Phalsund District Jaisalmer
18. Hindal Khan S/o Ramjan Khan R/o At present
working as Driver of 104 Ambulance "Janani Express"
at PHC, Lathi District Jaisalmer
19. Pappu Singh S/o Uttam Singh R/o At present
working as Driver of 104 Ambulance "Janani Express"
at PHC, Ramdevra District Jaisalmer
20. Dipa Ram Kaswan S/o Balu Ram R/o At present
working as Driver of 104 Ambulance "Janani Express"
at CHC, Taranagar, Ratangarh District Jaisalmer
21.Purna Ram S/o Surja Ram R/o at present working
as Driver of 104 Ambulance "Janani Express" at CHC,
Taranagar, Ratangarh District Churu.
22.Shish Pal Singh S/o Hanuman Singh R/o at present
working s Driver of 104 Ambulance "Janani Express"
at CHC, Sahwa, Ratangarh District Chur4u.
23.Shiv Pal S/o Ladu Ram R/o at present working as
4
Driver of 104 Ambulance "Janani Express" at Health
Centre, Bhaleri, Churu District Churu.
24.Chyanan Mal S/o Bega Ram R/o at present working
as Driver of 104 Ambulance "Janani Express" at CHC,
Bany, Ratangarh District Churu.
VS
RESPONDENTS:-
1. State of Rajasthan through the Secretary of Medical
and Health Department & Mission Director, National
Rural Health Mission, Govt. of Rajasthan, Swasthya
Bhawan, Tilak Marg, Jaipur.
2. Additional Mission Director National Rural Health
Mission, Govt. of Rajasthan, Swasthya Bhawan, Tilak
Marg, Jaipur.
3. Director State Institute of Health and Family Welfare
Rajasthan, Jhalana Institutional Area, Jaipur.
4. Chief Medical and Health Officer Jaisalmer.
5. Additional Chief Medical and Health Officer Churu.
6. Additional Chief Medical and Health Officer,
Jaisalmer.
7. Additional Chief Medical and Health officer, Churu.
8. The Rajasthan Ex-Serviceman Cooperation Limited,
Room No. 7222, Food Building, Second Floor,
Rajasthan Government Secretariat, Jaipur through
5
Director.
9. State Head GVK Emergency Management and
Research Institute, Jhalana, Institute Area, Jaipur.
Date of Order : 04.10.2016
HON'BLE MS. NIRMALJIT KAUR,J.
Mr. S.K. Verma, for the petitioners
Mr. D.S. Sodha, for the respondents
ORDER
-----
Learned counsel for the parties agreed that the matter is squarely covered by the ratio of the judgment rendered in the case of Bahadur Singh & Ors. V/s State of Rajasthan & Ors., S.B. Civil Writ Petition No. 9776/2016 decided on 14.09.2016. The said writ petition was disposed of with the consent of the parties as under:
"(1) The respondent GVK EMRI has agreed to reconsider case of the petitioners for their continuance/re-engagement as Driver of 104- Janani Express and base ambulance by modifying their policy, which would be as under :
(i) the maximum age to continue or reengagement of the petitioners would be upto 50 years other than of ex-service personnel. For ex-service personnel, it would be 55 years. It would be subject to their medical conditions to run the vehicles under 6 integrated ambulance services. In case, any of the petitioners is eliminated on the ground of health, it would be by a speaking and reasoned order.
(ii) the qualification for re- CWP - 9776/2016 ALONG WITH OTHER WRIT PETITIONS 79 engagement/continuance of Driver under Integrated Ambulance Services would preferably be Class X, however, GVK EMRI has agreed to consider it upto Class VIII for the petitioners and, accordingly, if any of the petitioners is having qualification upto Class VIII, would also be considered for re-
engagement/ continuance of service.
(iii) The petitioners would be required to possess license to run light transport vehicle and, if any of them are not presently in possession of aforesaid license then would possess it within three months from the date of offer of reengagement/continuance of their services.
(iv) the petitioners would be required to undergo eight days training in Telangana. They would be having option to pay Rs.350/- per day for boarding and lodging facility and, in case, they are not inclined to pay it then would arrange for boarding and lodging facility at their own.
(v) a sum of Rs.3000/- towards kit would be paid to the company in two instalments. First instalment would be paid immediately CWP - 9776/2016 ALONG WITH OTHER WRIT PETITIONS 80 on reporting for the training or before completion of training and subsequent instalment would be paid after a month of appointment/re-engagement. The kit would be provided after translating it in Hindi language.
(vi) it is agreed by the parties that each of the petitioners, so covered by the above conditions, would report to GVK EMRI by 26th September, 2016 so that they may be sent for onward training."
7In view of the agreed position, the present petition is also disposed of in the same terms. It is however, clarified that the petitioner so covered by the above condition shall now report to GVK Emergency Management and Research Institute, Hyderabad ( for short "GVK EMRI") by 17.10.2016 so that they are sent for onward training.
Disposed of in the above terms.
(NIRMALJIT KAUR ),J.
manish/JrPA