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Rajasthan High Court - Jodhpur

Ram Chandra & Ors vs State & Ors on 3 October, 2016

                                  1

89       IN THE HIGH COURT OF JUDICATURE FOR

                RAJASTHAN AT JODHPUR
      --------------------------------------------------------
     CIVIL WRIT (CW) No. 8658 of 2016

     PETITIONERS:-
     1. Ram Chandra son of shri Satyanarayan Bijarniya,
       by caste Jat, aged about 26 years, resident of
       Village- Hijrasar, Tehsil- Suratgarh, District- Sri
       Ganganagar. Presently working at Primary Health
       Center, Rajasar Bhatiyan, District-Bikaner.
     2. Pawan Kumar son of Shri Naresh Kumar, by caste
       Jat, aged about 25 years, resident of Village-
       Kariyawas, Tehsil-Narnol, District- Hanumangarh.
       Presently working at Primary Health Center, Rajasar
       Bhatiyan, District- Bikaner.
     3. Bajrang Singh son of Shri Shaitan Singh, by caste
       Rajput, aged about 23 years, resident of Village-
       Hijrasar,    Tehsil-    Suratgarh,    District-   Sri
       Ganganagar. Presently working at Primary Health
       Center, Rajasar Bhaityan, District- Bikaner.
     4. Kailash Ram son of Shri Tiku Ram, aged about 25
       years, resident of Ward No.6, Kahira Kudno Ki
       Dhani, Tehsil- Nokha, District- Bikaner. Presently
       working at Primary Health Center, Kakku, District-
       Bikaner.
     5. Parmjeet Singh son of Shri Bhajan Singh, by caste
       Sikh, aged about 35 years, resident of Jamsar,
       Tehsil & District - Bikaner. Presently working at
       Primary Health Center, Jamsar, District- Bikaner.
     6. Ram Chandra son op Shri Mamraj, by caste
       Vishnoi, aged about 26 years resident of Village-
       Mukam, Tehsil- Nokha, District- Bikaner. Presently
       working at Primary Health Center, jamsar, District-
       Bikaner.
     7. Punam Singh son of Shri Bhawani Singh aged
       about 24 years, resident of Village-Kakku, Tehsil-
       Nokha, District- Bikaner. Presently working at
       Primary Health Center, Kakku, District-Bikaner.
     8. Mahendra Singh son of Shri Daulat Singh, aged
       about 34 years, resident of Village-Kakku, Tehsil-
       Nokha, District- Bikaner. Presently working at
       Primary Health Center, Kakku, District-Bikaner.
     9. Shivraj son of Shri Bhadarram, by caste Jat, aged
       about 30 years, resident of Village-Govindsar,
       Tehsil- Suratgarh, District- Sri Ganganagar.
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  Presently working at Primary Health Center, Jaitpur.
10. Sharwan Kumar son of Shri Sawar Ram, aged
  about 28 years, resident of Village-Khajuwala,
  Tehsil- Khajuwala, District- Bikaner. Presently
  working at Community Health Center, Khajuwala,
  District-Bikaner.
11. Mohanlal son of Shri Bhagirath, by caste Godara,
  aged about 30 years, resident of Village-Khajuwala,
  Tehsil- Khajuwala, District- Bikaner. Presently
  working at Community Health Center, Khajuwala,
  District-Bikaner.
12. Birbal son of Shri Kalu Ram Meghwal, by caste
  Meghwal, aged about 24 years, resident of Village-
  24 K.Q., Khajuwala, Tehsil- Khajuwala, District-
  Bikaner. Presently working at Community Health
  Center, Khajuwala, District-Bikaner.
13. Sube Singh son of Shri Omprakash, by caste Jat,
  aged about 34 years, resident of Village -Dhani
  Tipolai,     Tehsil-Lunkaransar,    District-Bikaner.
  Presently working at Primary Health Center, Jaitpur,
  District-Bikaner.
14.Punam Chand son of Shri Hadman Ram, by caste
  Jat, aged about 28 years, resident of Village-
  Badnu, Tehsil- Nokha, District- Bikaner. Presently
  working at Primary Health Center- Badnu, District-
  Bikaner.
15. Manoj Purohit son of Shri Meghraj Purohit, by
  caste Purohit, aged about 24 years, resident of
  Village-Bigga, Tehsil- sri Dungargarh, District-
  Bikaner. Presently working at Primary Health
  Center, Bigga, Tehsil-Sri Dungargarh, District-
  Bikaner.
16. Sahi Ram son of Shri Pokarram, by caste Jat,
  aged about 26 years, resident of village-1, DLSM,
  Damolai R.D. 465, Tehsil-Chattarghar, District-
  Bikaner. Presently working at Primary Health
  Center, Tehsil- Sri Dungargarh, district- Bikaner.
17. Yasin Ali son of Shri Abdul Shah, by caste
  Musalman, aged about 22 years, resident of village-
  Dholera, Tehsil & Duistrict- Bikaner. Presently
  working at Community Heath Center, Bajju, Tehsil-
  Kolayat, District- Bikaner.
18. Chhailu Singh son of Shri Khetu Singh, by caste
  Rajput, aged about 22 years, resident of Village-
  Dholera, Tehsil & District- Bikaner. Presently
  working at Community Health Center, Bajju, Tehsil-
  Kolayat, District- Bikaner.
19. Sohan Singh son of shri Kehtu Singh, by caste
                            3

  Rajput, aged about 23 years, resident of Village-
  Dholera, Tehsil & District- Bikaner. Presently
  working at Community Health Center, Bajju, Tehsil-
  Kolayat, District- Bikaner.
20. Kalu Ram son of Shri Rameshwar Lal, aged about
  31 years, resident of Badipole, Tehsil-Pilibanga,
  District- hanumangarh. Presently working at
  Primary Health Center, Kalu, District- Bikaner.
21. Yogesh Kumar son of Shri Banwari Lal Goyal, by
  caste Goyal, aged about 30 years, resident of
  napasar, District-Bikaner. Presently working at
  Community Health Center, Napasar, District-
  Bikaner.
22. Ramdev Sharma son of Shri Ranna Ram Sharma,
  aged about 23 years, resident of Hijrasar, Tehsil-
  Suratgarh,    District-Sri  Ganganagar.     Presently
  working at Community Health Center, Napasar,
  District-Bikaner.
23.Pyarelal Suthar son of shri Shivnarayan Suthar,
  aged about 34 years, resident of Village-Napasar,
  District-Bikaner. Presently working at Community
  Health Center, Napasar, District- Bikaner.
24.Somveer Singh son of Shri Ishwar Singh, resident
  of Kuloth Kallan Chidwa, District- Jhunjhunu.
  Presently working at Primary Health Center,
  Bikampur, District- Bikaner.

                          VS
RESPONDENTS:-

1. The 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. The Director, Directorate Medical & Health
Services, Tilak Marg, Swasthya Bhawan, Jaipur.

3. The Additional Director (Administrative), Medical &
Health Services, Tilak Marg, Swasthay Bhawan,
Jaipur.

4. Chief Medial and Health Officer Bikaner.

5. GVK Emergency Management & Research
Institute, Rajasthan. SIHFW Building, South of
Doordarshan Kendra, Jhalana Institutional Area,
Jaipur(Rajasthan). Through its Proprietor.
                              4



6. Janhit Sewa        Sansthan,        Nagaur.    Through     its
Proprietor.

7. M/s Ridhi Manpower Service, 281, Gangasagar "A",
near Karani Place, Panchyawala, Jaipur. Through its
Proprietor.


     Date of Order                 :             03.10.2016


          HON'BLE MS. NIRMALJIT KAUR,J.

Mr. Narpat S. Rajpurohit, for the petitioners.
Mr. Kuldeep Mathur, 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 5 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 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 6 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.

arvind k/JrPA