Rajasthan High Court - Jodhpur
Lachha Ram & Ors vs State & Ors on 4 October, 2016
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117 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
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CIVIL WRIT (CW) No. 8539 of 2016
PETITIONERS:-
1.Laccha Ram S/o Rama Ram Kumhar Age
about...years, R/o at present working as Driver of
"Janani Express" 104 Ambulance at PHC Palri (M)
Tehsil Sheoganj, Sirohi (Raj.)
2. Kuldeep Singh S/o Inder Singh Ji R/o at present
working as Driver of "Janani Express" 104 Ambulance
at PHC Palri (M) Tehsil Sheoganj, Sirohi (Raj.)
3. Ishver Singh S/o Bheru Singh R/o at present
working as Driver of "Janani Express" 104 Ambulance
at PHC Palri (M) Tehsil Sheoganj, Sirohi (Raj.)
4. Bhagwat Singh S/o Roop Singh Ji R/o at present
working as Driver of "Janani Express" 104 Ambulance
at CHC Sheoganj Tehsil Sheoganj, Sirohi (Raj.)
5. Dhul Singh Bhati S/o Chog Singh R/o at present
working as Driver of "Janani Express" 104 Ambulance
at CHC Sheoganj Tehsil Sheoganj, Sirohi (Raj.)
6. Kheta Ram S/o Dhira Ram R/o at present working as
Driver of "Janani Express" 104 Ambulance at CHC
Sheoganj Tehsil Sheoganj, Sirohi (Raj.)
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7. Vinod Kumar Mali S/o Kalu Ram Mali, R/o at present
working as Driver of "Janani Express" 104 Ambulance
at PHC Jawal, Tehsil Sirohi, District Sirohi.
8. Madan Singh S/o Bhanwar Singh, R/o at present
working as Driver of "Janani Express" 104 Ambulance
at PHC Jawal, Tehsil Sirohi, District Sirohi.
9. Mohd. Faruk S/o Abdul Gafur R/o at present working
as Driver of "Janani Express" 104 Ambulance at PHC
Jawal, Tehsil Sirohi, District Sirohi.
10. Rajendra Singh Deora S/o Vishan Singh Deora R/o
at present working as Driver of "Janani Express" 104
Ambulance at PHC Nandia, Tehsil Sirohi, District
Rajasthan.
11. Ram Singh S/o Karan Singh R/o at present working
as Driver of "Janani Express" 104 Ambulance at PHC
Nandia, Tehsil Sirohi, District Rajasthan.
12. Prakash Kumar S/o Bhiba Ram Sargada R/o at
present working as Driver of "Janani Express" 104
Ambulance at PHC Nandia, Tehsil Sirohi, District
Rajasthan.
13. Hansaram S/o Manaram R/o at present working as
Driver of "Janani Express" 104 Ambulance at PHC
Anadra, Tehsil Reodar, District Sirohi.
14. Sudarsan Singh S/o Shree Bhagwan Singh R/o at
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present working as Driver of "Janani Express" 104
Ambulance at PHC Anadra, Tehsil Reodar, District
Sirohi.
15. Navaram Rebari S/o Ranchod Ram Rebari R/o at
present working as Driver of "Janani Express" 104
Ambulance at PHC Anadra, Tehsil Reodar, District
Sirohi.
16. Narayan Singh S/o Shree Bachan Singh R/o at
present working as Driver of "Janani Express" 104
Ambulance at PHC Dantrai, Tehsil Reodar, District
Sirohi.
17. Bhimaram S/o Ladha Ram R/o at present working
as Driver of "Janani Express" 104 Ambulance at PHC
Dantrai, Tehsil Reodar, District Sirohi.
18. Narsaram S/o Hansaram Meghwal R/o at present
working as Driver of "Janani Express" 104 Ambulance
at PHC Dantrai, Tehsil Reodar, District Sirohi.
19. Somaram S/o Darja Ram R/o at present working as
Driver of "Janani Express" 104 Ambulance at PHC
Tanwari, Tehsil Sirohi, District Sirohi.
20. Choga Ram S/o Mupa Ram R/o at present working
as Driver of "Janani Express" 104 Ambulance at PHC
Tanwari, Tehsil Sirohi, District Sirohi.
21. Duda Ram S/o Choga Ram R/o at present working
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as Driver of "Janani Express" 104 Ambulance at PHC
Tanwari, Tehsil Sirohi, District Sirohi.
22. Laxman Singh S/o Ram Singh Rajput R/o at
present working as Driver of "Janani Express" 104
Ambulance at PHC Kailsah Nagar, Tehsil Sheoganj,
District Sirohi.
23. Naresh Kumar S/o Mohan Lal Sharma R/o at
present working as Driver of "Janani Express" 104
Ambulance at PHC Kailsah Nagar, Tehsil Sheoganj,
District Sirohi.
24. Bhupendra Singh S/o Jasveer Singh R/o at present
working as Driver of "Janani Express" 104 Ambulance
at CHC Aburoad, Tehsil Aburoad, District Sirohi.
25. Syed Muttuza S/o Mukhtyar Hussain R/o at present
working as Driver of "Janani Express" 104 Ambulance
at CHC Aburoad, Tehsil Aburoad, District Sirohi.
26. Fatu Bhai S/o Kesha Bhai R/o at present working
as Driver of "Janani Express" 104 Ambulance at CHC
Aburoad, Tehsil Aburoad, District Sirohi.
VS
RESPONDENTS:-
1. State of Rajasthan through the Secretary of Medical
and Health Department & Mission Director, National
Rural Health Mission, Govt. of Rajasthan, Swasthya
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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 Sirohi.
5. Additional Chief Medical and Health Officer Sirohi.
6. The Rajasthan Ex-Serviceman Cooperation Limited,
through Director, Secretariat Jaipur.
7. 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
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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 6 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 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 7 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."
In 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