Rajasthan High Court - Jodhpur
Bheru Singh & Ors vs State & Ors on 25 October, 2016
Author: Arun Bhansali
Bench: Arun Bhansali
1
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
:ORDER:
S.B. CIVIL WRIT PETITION NO.8964/2016
PETITIONERS :
1. Bheru Singh S/o Mod Singh Age 45 years R/o
Kalyan Pur, Barmer at present working as Driver of
104 Ambulance, "Janani Express" at Health Center
Kalyanpur, Barmer (Rajasthan).
2. Jalu Ram S/o Kosla Ram R/o S.P. Singh, Baytu
Barmer at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Kalyanpur, Barmer (Rajasthan).
3. Kesa Ram S/o Gopi Ram R/o Samdari Road, Balotra
at present working as Driver of 104 Ambulance,
"Janani Express" at Health Center Jasol, Barmer
(Rajasthan).
4. Jetha Ram S/o Bhura Ram, R/o Kalewa,
Panchpadra, Barmer at present working as Driver of
104 Ambulance, "Janani Express" at Health Center
Batadu, Barmer (Rajasthan)
5. Jetha Ram S/o Virdha Ram S/o Panawara, Baytu,
Barmer at present working as Driver of 104
2
Ambulance, "Janani Express" at Health Center
Kalyanpur, Barmer (Rajasthan)
6. Kala Ram S/o Bhera Ram R/o Panawara, Baytu,
Barmer at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Batadu, Barmer (Rajasthan)
7. Bhim Singh S/o Kirath Singh R/o Kalewa,
Panchpadra, Barmer at present working as Driver of
104 Ambulance, "Janani Express" at Health Center
Padru, Barmer (Rajasthan)
8. Lakh Bharti S/o Lal Bharti R/o Panawara, Baytu,
Barmer at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Padru, Barmer (Rajasthan)
9. Rupa Ram S/o Bhura Ram R/o S.P. Singh, Baytu,
Barmer at present working as Driver of 104
Ambulance, "Janani Express" at Health Center S W
U Padam Singh, Barmer (Rajasthan)
10. Sona Ram S/o Purkha Ram R/o Baytu Panji Barmer
at present working as Driver of 104 Ambulance,
"Janani Express" at Health Center S W U Padam
Singh, Barmer (Rajasthan)
11. Sagta Ram S/o Uka Ram R/o Gagriya Ramsar
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Barmer at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Methdau, Barmer (Rajasthan)
12. Govind Singh S/o Hari Singh R/o Jaisindar, Barmer
at present working as Driver of 104 Ambulance,
"Janani Express" at Health Center Methdau, Barmer
(Rajasthan)
13. Bala Ram S/o CHeema Ram R/o Dhanau,
Chauhatan, Bamrer at present working as Driver of
104 Ambulance, "Janani Express" at Health Center
Dhanau, Barmer (Rajasthan)
14. Kalu Ram S/o Asla Ram R/o Sarla Sedva, Barmer at
present working as Driver of 104 Ambulance,
"Janani Express" at Health Center Dhanau, Barmer
(Rajasthan)
15. Jograj Singh S/o Bhar Singh R/o Dhoniya
Chauhatan, Barmer at present working as Driver of
104 Ambulance, "Janani Express" at Health Center
Ramsar, Barmer (Rajasthan)
16. Chunni Lal S/o Goma Ram R/o Khadin , Bamrer at
present working as Driver of 104 Ambulance,
"Janani Express" at Health Center Ramsar, Barmer
(Rajasthan)
17. Prahalad am S/o Kana Ram R/o Kanasar, Shiv,
4
Barmer at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Bhiyad, Barmer (Rajasthan)
18. Ramu Ram S/o Kana Ram R/o Kanasar, Shiv,
Barmer at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Bhiyad, Barmer (Rajasthan)
19. Narpat Dan S/o Lal Dan R/o Khajuwal, Bikaner at
present working as Driver of 104 Ambulance,
"Janani Express" at Health Center Bhiyad, Barmer
(Rajasthan)
20. Ugam Singh S/o Vaan Singh R/o Girab Gadra Road,
Barmer at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Girab, Barmer (Rajasthan)
21. Chatar Singh S/o Shaitan Singh R/o Tanu Ravji
Girab, Gadra Road, Barmer at present working as
Driver of 104 Ambulance, "Janani Express" at Health
Center Girab, Barmer (Rajasthan)
22. Hindu Singh S/o Jemat Singh /o Tanu Ravji Girab,
Gadra Road, Barmer at present working as Driver of
104 Ambulance, "Janani Express" at Health Center
Jaisindar Village , Barmer (Rajasthan)
23. Suraj Bhan S/o Dhanram R/o Jaisindar Village at
5
present working as Driver of 104 Ambulance,
"Janani Express" at Health Center Jaisindar Village ,
Barmer (Rajasthan)
24. Daya Ram S/o Surta Ram R/o Nedi Nadi at present
working as Driver of 104 Ambulance, "Janani
Express" at Health Center Dhorimanna , Barmer
(Rajasthan)
25. Bhawra Ram S/o Kana Ram R/o Nedi Nadi at
present working as Driver of 104 Ambulance,
"Janani Express" at Health Center Dhorimanna ,
Barmer (Rajasthan)
26. Jagdish Prasad S/o Bala Ram R/o Bhurniya
Dhorimanna at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Bhuniya , Barmer (Rajasthan)
27. Bhakhram Ram S/o Ram Kishan R/o Bhurniya
Dhorimanna at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Bhuniya , Barmer (Rajasthan)
28. Mewa Ram S/o Gena Ram, Khejdiyali, Sata, Barmer
at present working as Driver of 104 Ambulance,
"Janani Express" at Health Center Sata , Barmer
(Rajasthan)
29. Kalu Khan S/o Kurvan Ali R/o Khari Sedwa, Barmer
6
at present working as Driver of 104 Ambulance,
"Janani Express" at Health Center Sata, Barmer
(Rajasthan)
30. Bhanwar Singh S/o Shehan Singh R/o Tena
Shergarh, Jodhpur at present working as Driver of
104 Ambulance, "Janani Express" at Health Center
Payla Kala , Barmer (Rajasthan)
31. Raju Singh S/o Hem Singh R/o Tena Shergarh at
present working as Driver of 104 Ambulance,
"Janani Express" at Health Center Payla Kala,
Barmer (Rajasthan)
32. J.P. Singh S/o Bahal Singh R/o Hondu Sindari,
Bamrer at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Hodu , Barmer (Rajasthan)
33. Chutra Ram S/o Gena Tram R/o Kalewa, Pachpadra
Barmer at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Hodu, Barmer (Rajasthan)
34. Ummed Singh S/o Jor Singh R/o Dhok Chauhatan
Barmer at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Chauhatan, Barmer (Rajasthan)
35. Shakur Khan S/o Hoti Ram R/o Nagdada Shiv,
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Bamrer at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Chauhatan, Barmer (Rajasthan)
36. Jawari Lal S/o Surta R/o Jastai Korana, barmer at
present working as Driver of 104 Ambulance,
"Janani Express" at Health Center Samdari , Barmer
(Rajasthan)
37. Jethu Singh S/o Mangal Singh R/o Parlu Sivana,
Barmer at present working as Driver of 104
Ambulance, "Janani Express" at Health Center
Samdari , Barmer (Rajasthan)
38. Rajesh Choudary S/o Prabhulal R/o at present
working as Driver of 104 Ambulance, "Janani
Express" at Community Health Center Masuda ,
Ajmer (Rajasthan)
39. Bunesh Kumar Vaishnav R/o Ramdayal at present
working as Driver of 104 Ambulance, "Janani
Express" at Community Health Center Tanteti,
Ajmer (Rajasthan)
40. Laxman Vaishnav S/o Gopal at present working as
Driver of 104 Ambulance, "Janani Express" at
Community Health Center Tanteti, Ajmer
(Rajasthan)
41. Shyam Sundar S/o Damodar at present working as
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Driver of 104 Ambulance, "Janani Express" at
Community Health Center Masuda , Ajmer
(Rajasthan)
42. Jitendra Jangid S/o Ram Pal at present working as
Driver of 104 Ambulance, "Janani Express" at
Community Health Center Masuda , Ajmer
(Rajasthan)
43. Ashok Kumar S/o Birdichand R/o at present working
as Driver of 104 Ambulance, "Janani Express" at
PHC Jamola , Ajmer (Rajasthan)
44. Bhanwar Singh S/o Shivraj R/o at present working as
Driver of 104 Ambulance, "Janani Express" at PHC
Jamola , Ajmer (Rajasthan)
45. Lal Ram Gurjar S/o Bharmal R/o at present working
as Driver of 104 Ambulance, "Janani Express" at
PHC Jamola, Ajmer (Rajasthan)
46. Prakash Puri S/o Prabhu Puri, R/o at present
working as Driver of 104 Ambulance, "Janani
Express" at PHC Jhirota, Ajmer (Rajasthan)
47. Parmeshwar Prajapat S/o Ram Lal Prajapat, R/o at
present working as Driver of 104 Ambulance,
"Janani Express" at PHC Jhirota, Ajmer (Rajasthan)
48. Ramnarayan Gurjar C/o Chhitar Gurjar R/o at
9
present working as Driver of 104 Ambulance,
"Janani Express" at PHC Jhirota, Ajmer (Rajasthan)
49. Abdul Saleem S/o Noor Mohammad, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Lakhsanija, District Kota.
50. Ramratan Meena S/o Pachu Lal Meena, R/o at
present working as Driver of "Janani Express" 104
Ambulance at PHC Khedarudha, District Kota.
51. Rakesh S/o Ganesh Lal Aheer, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Khedarudha, District Kota.
52. Ramnarayan S/o Rampratap, R/o at present working
as Driver of "Janani Express" 104 Ambulance at CHC
Suket, District Kota.
53. Lokesh Kumar S/o Bheru Lal Berwa, R/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Suket, District Kota.
54. Raseed Mohammad S/o Chote Khan, R/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Suket, District Kota.
55. Sazid Mohammad S/o Wahid Mohammad, R/o at
present working as Driver of "Janani Express" 104
Ambulance at CHC Suket, District Kota.
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56. Durga Shankar S/o Roop Narayan Gautam, R/o at
present working as Driver of "Janani Express" 104
Ambulance at CHC Sultanpur, District Kota.
57. Lalit Goswami S/o Dhanna Ram Goswami, R/o at
present working as Driver of "Janani Express" 104
Ambulance at CHC Ramganj Mandi, District Kota.
58. Jugraj Gochar S/o Babulal Gochar, R/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Ramganj Mandi, District Kota.
59. Dinesh Sharma S/o Jagdish Sharma, R/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Ramganj Mandi, District Kota.
60. Manoj Kumar S/o Babulal Harijan, R/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Ramganj Mandi, District Kota.
61. Bittu Singh S/o Bhanwar Singh Rajput, R/o at
present working as Driver of "Janani Express" 104
Ambulance at CHC Ramganj Mandi, District Kota.
62. Shankar Lal Shrimal S/o Ramchandra Shrimali, R/o
at present working as Driver of "Janani Express"
104 Ambulance at PHC Sameecha, District
Rajsamand.
63. Udai Lal S/o Sohan Lal Paliwal, R/o at present
11
working as Driver of "Janani Express" 104
Ambulance at PHC Salore, District Rajsamand.
64. Lahar Singh S/o Nahar Singh, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Salore, District Rajsamand.
65. Madu Lal Gameti S/o Vaje Ram Gameti, R/o at
present working as Driver of "Janani Express" 104
Ambulance at PHC Salore, District Rajsamand.
66. Ramesh chandra Purbiya S/o Laxman Lal Ji, R/o at
present working as Driver of "Janani Express" 104
Ambulance at PHC Kuraj, District Rajsamand.
67. Somesh Ahir S/o Udai Ram, R/o at present working
as Driver of "Janani Express" 104 Ambulance at
PHC Kuraj, District Rajsamand.
68. Bhupesh Jinger S/o Ratan Lalji, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Kuraj, District Rajsamand.
69. Ladu Ram Sharma S/o Shankar Lal, R/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Railmagra, District Rajsamand.
70. Ratan Lal Sharma S/o Shyam Lal, R/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Railmagra, District Rajsamand.
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71. Narayan Singh S/o Man Singh Rajput, R/o at
present working as Driver of "Janani Express" 104
Ambulance at CHC Railmagra, District Rajsamand.
72. Hames Lal Gurjar S/o Gopi Lal Gurjar, R/o at
present working as Driver of "Janani Express" 104
Ambulance at CHC Rilwa, District Rajsamand.
73. Modi Lal Gurgar s/o Nathu Ji Gurjar, R/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Relwa, District Rajsamand.
74. Ganapt ingh S/o Rai Singh, R/o at present working
as Driver of "Janani Express" 104 Ambulance at
CHC Relwa, District Rajsamand.
75. Mahendra Singh S/o Bhanwar Singh, R/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Delwara, District Rajsamand.
76. Pratap Teli /o Mangi Lal, R/o at present working as
Driver of "Janani Express" 104 Ambulance at CHC
Delwara, District Rajsamand.
77. Inder Lal Dangi S/o Shivram, R/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Delwara, District Rajsamand.
78. Tejpal Khatik S/o Bhawan Lal, R/o at present
working as Driver of "Janani Express" 104
13
Ambulance at PHC Ghajpur, District Rajsamand.
79. Udai Singh Balla S/o Hameer Singh, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Ghajpur, District Rajsamand.
80. Gopi Lal Bhil /o Khuma Ram Bhil, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Ghajpur, District Rajsamand.
81. Dinesh Singh S/o Karam Singh, R/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Bheem, District Rajsamand.
82. Prabhu Singh s/o Udai Singh, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Baar, District Rajsamand.
83. Hari Singh S/o Prabhu Singh, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Baar, District Rajsamand.
84. Vikram Singh S/o Trilok Singh, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Baar, District Rajsamand.
85. Rajendra Singh S/o Prahlad Ram, Aged about 31
years, R/o at present working as Driver of "Janani
Express" 104 Ambulance at PHC Lathi, District
Jaisalmer.
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86. Ishwar Singh S/o Tulsaram, R/o at present working
as Driver of "Janani Express" 104 Ambulance at
PHC Sidhmukh, District Churu.
87. Krishan Kumar S/o Sevaram, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Sidhmukh, District Churu.
88. Prem Chand Verma S/o Ram Pratap Verma, R/o at
present working as Driver of "Janani Express" 104
Ambulance at CHC Nai Mandi Gharsana, District Sri
Ganganagar.
89. Shyam Lal S/o Ramlal, R/o at present working as
Driver of "Janani Express" 104 Ambulance at PHC
Hindumal Kot, District Sri Ganganagar.
90. Daya Ram S/o Khyali Ram, R/o at present working
as Driver of "Janani Express" 104 Ambulance at
PHC Hindumal Kot, District Jaisalmer.
91. Krishna Kumar S/o Bhanwar, R/o at present working
as Driver of "Janani Express" 104 Ambulance at
CHC Bagdi Nagar, Tehsil Sojat, District Pali.
92. Prem Kumar Sharma S/o Gopi Lal Sharma, R/o at
present working as Driver of "Janani Express" 104
Ambulance at PHC Chawand, Block Sarada, District
Udaipur.
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93. Sharif Mohammad S/o Hafiz Mohammad, R/o at
present working as Driver of "Janani Express" 104
Ambulance at PHC Chawand, Block Sarada, District
Udaipur.
94. Hanif Khan S/o Hamid Khan, R/o at present working
as Driver of "Janani Express" 104 Ambulance at
PHC Chawand, Block Sarada, District Udaipur.
95. Heera Lal Patel S/o Devaji Patel, R/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Jhadol, Block Sarada, District
Udaipur.
96. Prakash Sharma S/o Dhanraj Sharma, R/o at
present working as Driver of "Janani Express" 104
Ambulance at CHC Jhadol, Block Sarada, District
Udaipur.
97. Mukesh Kumar Meena S/o Thawar Chand Meena,
R/o at present working as Driver of "Janani Express"
104 Ambulance at CHC Semari, Block Sarada,
District Udaipur.
98. Raju Meena S/o Laxman Lal Meena, R/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Tiddi, Block Girva, District
Udaipur.
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99. Kalulal Meena S/o Roopaji, R/o at present working
as Driver of "Janani Express" 104 Ambulance at
CHC Tiddi, Block Girva, District Udaipur.
100. Hitesh Kumar Pandey S/o Ganesh Lal Pandey, R/o
at present working as Driver of "Janani Express"
104 Ambulance at PHC Erali Kheda, Block
Salumbar, District Udaipur.
101. Mukesh Chand Pandaya S/o Bhagwan Lal Pandya,
R/o at present working as Driver of "Janani Express"
104 Ambulance at PHC Erali Kheda, Block
Salumbar, District Udaipur.
102. Gajendra Nai S/o Motilal Nai, R/o at present working
as Driver of "Janani Express" 104 Ambulance at
PHC Erali Kheda, Block Salumbar, District Udaipur.
103. Kesar Singh Chouhan S/o Parwat Singh Chouhan,
R/o at present working as Driver of "Janani Express"
104 Ambulance at PHC Jhabrana, Block Salumbar,
District Udaipur.
104. Ajay Singh S/o Hanuman Singh Bargujar, R/o at
present working as Driver of "Janani Express" 104
Ambulance at PHC Deolia Kalan, Block Bhinai,
District Ajmer.
105. Sher Singh S/o Ratan Singh Naruka, R/o at present
17
working as Driver of "Janani Express" 104
Ambulance at PHC Deolia Kalan, Block Bhinai,
District Ajmer.
106. Ratan Lal S/o Banana Lal, R/o at present working as
Driver of "Janani Express" 104 Ambulance at PHC
Deolia Kalan, Block Bhinai, District Ajmer.
107. Sartaj Khan S/o Nasruddin Khan, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Ramsar, Block Shrinagar,
District Ajmer.
108. Ramzani Pathan S/o Kamruddin, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Ramsar, Block Shrinagar,
District Ajmer.
109. Abdul Manan S/o Abdul Gaffar, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Ramsar, Block Shrinagar,
District Ajmer.
110. Shankar Singh S/o Sumer Singh, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Kadel, Block Pisangan, District
Ajmer.
111. Prabhu Lal S/o Ramdev Khatik, R/o at present
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working as Driver of "Janani Express" 104
Ambulance at PHC Kadel, Block Pisangan, District
Ajmer.
112. Devendra Jat S/o Prabhu Lal Jat, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Kadel, Block Pisangan, District
Ajmer.
113. Chiragu Ali Nawab S/o Nizamuddin Kuresi, R/o at
present working as Driver of "Janani Express" 104
Ambulance at PHC Kishanpura, Block Jawaza,
District Ajmer.
114. Santosh Singh S/o Hameer Singh, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Kishanpura, Block Jawaza,
District Ajmer.
115. Kuldeep Singh S/o Nem Singh, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Bada Kheda, Block Jawaza,
District Ajmer.
116. Heera Singh S/o Bhagwan Singh, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Bada Kheda, Block Jawaza,
District Ajmer.
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117. Anop Singh S/o Dhanna Singh, R/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Bada Kheda, Block Jawaza,
District Ajmer.
VERSUS
RESPONDENTS:
1. State of Rajasthan through the Secretary of Medical
and Health Department and Mission Director,
National Rural Health Mission, Government of
Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.
2. Additional Mission Director, National Rural Health
Mission, Government 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, Kota.
5. Additional Chief Medical and Health Officer, Kota.
6. Chief Medical and Health Officer, Rajsamand.
7. Additional Chief Medical and Health Officer,
Rajsamand.
8. Chief Medical and Health Officer, Barmer.
9. Additional Chief Medical and Health Officer, Barmer.
20
10. Chief Medical and Health Officer, Ajmer.
11. Additional Chief Medical and Health Officer, Ajmer.
12. Chief Medical and Health Officer, Jaisalmer.
13. Additional Chief Medical and Health Officer,
Jaisalmer.
14. Chief Medical and Health Officer, Churu.
15. Additional Chief Medical and Health Officer, Churu.
16. Chief Medical and Health Officer, Sri Ganganagar.
17. Additional Chief Medical and Health Officer, Sri
Ganganagar.
18. Chief Medical and Health Officer, Pali.
19. Additional Chief Medical and Health Officer, Pali.
20. Secretary Rajasthan Medical and Relief Society,
Kota.
21. Secretary Rajasthan Medical and Relief Society,
Barmer.
22. Secretary Rajasthan Medical and Relief Society,
Ajmer.
23. Secretary Rajasthan Medical and Relief Society,
Rajsamand.
24. Secretary Rajasthan Medical and Relief Society,
Jaisalmer.
21
25. Secretary Rajasthan Medical and Relief Society,
Churu.
26. Secretary Rajasthan Medical and Relief Society, Sri
Ganganagar.
27. Secretary Rajasthan Medical and Relief Society, Pali.
28. The Rajasthan Ex-Serviceman Cooperation Limited,
through Director, Secretariat, Jaipur.
29. State Head GVK Emergency Management and
Research Institute, Jhalana, Institute Area, Jaipur.
------
Date of Order : 25.10.2016
PRESENT
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. S.K. Verma, for the petitioner.
Mr. Anil Bissa, AGC, for the respondent/s.
Mr. Kuldeep Mathur, for the respondent No.29.
----
BY THE COURT:
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:
22"(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 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-
23engagement. 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 04.11.2016 so that they are sent for onward training.
Disposed of in the above terms.
(ARUN BHANSALI), J.
rm/95