Rajasthan High Court - Jodhpur
Vidya Kumari Tailor vs State Of Rajasthan on 8 September, 2020
Author: Dinesh Mehta
Bench: Pushpendra Singh Bhati, Dinesh Mehta
(1 of 15) [CW-4974/2020] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 4974/2020 Vidya Kumari Tailor D/o Shri Inder Mal Tailor, Aged About 42 Years, R/o Village Dindoli, Post Dindoli, Tehsil Rashmi, District Chittorgarh (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Services (Group-Iii), Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Medical And Health Services, Rajasthan, Tilak Marga, Swasthya Bhawan, Jaipur.
3. The Additional Director (Administration), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.
----Respondents Connected With (2) S.B. Civil Writ Petition No. 4970/2020 Sumitra D/o Shri Durga Ram, Aged About 33 Years, R/o Village Dedhi Dhani, Post Ramgarh Shekhawati, Tehsil Ramgarh Shekhawati, District Sikar (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Services (Group-Iii), Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Medical And Health Services, Rajasthan, Tilak Marga, Swasthya Bhawan, Jaipur.
3. The Additional Director (Administration), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.
----Respondents (3) S.B. Civil Writ Petition No. 5001/2020 Kavita Verma D/o Shri Suraj Mal Verma, Aged About 27 Years, R/o Maliyo Ki Hatai, Meghwalo Ki Gali, Balchand Para, District Bundi (Raj.).
----Petitioner
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(2 of 15) [CW-4974/2020]
Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Services (Group-Iii), Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.
3. The Additional Director (Administration), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.
----Respondents (4) S.B. Civil Writ Petition No. 5006/2020 Suman Nai D/o Shri Ladu Ram Nai, Aged About 40 Years, R/o Golsar, Tehsil Ratangarh, District Churu (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Services (Group-Iii), Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.
3. The Additional Director (Administration), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.
----Respondents For Petitioner(s) : Mr. Mahaveer Bishnoi For Respondent(s) : Mr. K.S. Rajpurohit, AAG Mr. Shreyansh Mehta JUSTICE DINESH MEHTA Judgment 08/09/2020
1. By way of these writ petitions, petitioners have challenged rejection of their claim of bonus marks for the experience they have gained as Lady Health Visitor (in short LHV).
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2. For the purpose of adjudication of the controversy involved in the present bunch of writ petitions, the facts from SBCWP No.4974/2020 (Vidya Kumari Vs. State of Rajasthan & Ors.). are being taken into consideration.
3. The petitioner vied for the post of Female Health Worker for non-TSP area pursuant to advertisement dated 18.6.2018, which inter alia, provided for grant of bonus marks. Relevant Clause 7 of the advertisement reads thus:
"7- vuqHko ds vk/kkj ij cksul vad %& jktLFkku fpfdRlk ,oa LokLF; v/khuLFk lsok fu;e 1965 ;Fkk la"kksf/kr fu;eksa ds fu;e 19 esa mYysf[kr izko/kkuksa ds rgr~ vH;fFkZ;ksa dks cksul vad ns; gSA (I) vH;fFkZ;ksa dh ik=rk dh tkWp ,oa nLrkostksa ds lR;kiu ds le;
vkosnd dks eq[;ea=h chih,y thou j{kkdks'k] ,uvkj,p,e esfMds;j fjyhQ lkslk;Vh] ,M~l dUVªksy lkslk;Vh] jk'Vªh; {k; fu;a=.k dk;ZØe] >kykokM+ vLirky ,oa fpfdRlk egkfo|ky; lkslk;Vh] lesfdr jksx fuxjkuh ifj;kstuk] jkT; LokLF; ifjokj dY;k.k laLFkku (SIHFW) ,oa jkT; ljdkj ds v/khu leku dk;Z djus dk foHkkx ds vf/kd`r izkf/kdkjh }kjk * fu/kkZfjr izk:i esa tkjh vuqHko izek.k i= izLrqr djuk gksxkA ;g vuqHko izek.k i= foKkfir in ds fy;s vkWuykbZu vkosnu djus dh vafre frfFk ls iwoZ dk tkjh fd;k gqvk gksuk vko";d gSA vuqHko vof/k dh x.kuk foKfIr tkjh gksus dh frfFk rd dh tkosxhA vuqHko izek.k i= dk izk:i ^v* layXu gSA foHkkx }kjk fu/kkZfjr izk:i ds vfrfjDr vU; fdlh izk:i esa tkjh fd;k x;k vuqHko izek.k i= ekU; ugha gksxkA *(emphasis supplied)
(ii) jktLFkku ljdkj ds v/khu iz/kkukpk;Z ,oa fu;a=d jktdh;
esfMdy dkWyst] iz/kkukpk;Z >kykokM+ gkWfLiVy ,.M esfMdy dkWyst lkslk;Vh] jktdh; MsUVy dkWyst] funs"kd] tu LokLF;@vkj-lh-,p-@ eksckbZy lftZdy ;wfuV@ vkb-bZ-lh @,M~l] v/kh{kd layXu fpfdRlky; lewg] ifj;kstuk funs"kd] ,u,p,e @,M~l] funs"kd vkjvkjlh] funs"kd SIHFW] jkT; {k; jksx fu;a=.k vf/kdkjh] jkT; ds leLr eq[; fpfdRlk ,oa LokLF; vf/kdkjh] leLr ftyk iztuu ,oa f"k"kq LokLF; vf/kdkjh] eq[; lkoZtfud fo"ys'kd] mi funs"kd vkS'kf/k ijh{k.k iz;ksx"kkyk dks muds v/khu lafonk @O;fDrxr vuqca/k@vLFkkbZ vk/kkj ij dk;Z djus ij vuqHko izek.k i= tkjh djus gsrq vf/kd`r izkf/kdkjh ekuk tkosxkA
(iii) vkWuykbZu vkosnu esa vuqHko ds laca/k esa fu/kkZfjr dkWye esa vko";d izfof'B;ka dh tkuh vko";d gSA ;fn vkWuykbZu vkosnu esa vuqHko ds dkWye esa vko";d izfof'B;k ugha dh xbZ gS] rks ,sls vH;fFkZ;ksa dks vuqHko dk ykHk ugha fn;k tk;sxkA ftlds fy;s vH;FkhZ Lo;a mRrjnk;h gksxkA (Downloaded on 09/09/2020 at 08:59:55 PM) (4 of 15) [CW-4974/2020]
(iv) vH;FkhZ }kjk izLrqr vuqHko izek.k i= dks foHkkx }kjk tkjhdrkZ vf/kd`r izkf/kdkjh ls lR;kiu djk;s tkus ds i"pkr~ gh cksul vad@vk;q esa f"kfFkyrk dk ykHk fu;ekuqlkj fn;k tkosxk ,oa foHkkx }kjk pkgs tkus ij ewy vuqHko izek.k i= izLrqr fd;k tkuk vfuok;Z gksxkA
(v) vuqHko izek.k i= vkWuykbZu vkosnu ds lkFk viyksM djuk vfuok;Z gS] vU;Fkk vuqHko dk ykHk ns; ugha gksxk ,oa ckn esa vkWQykbZu dksbZ vuqHko izek.k i= Lohdkj ugha fd;k tkosxkA 8- vuqHko izek.k i= dk lR;kiu %&
(i) v/kh{kd layXu fpfdRlky; lewg }kjk tkjh vuqHko izek.k i=ksa dks lacaf/kr iz/kkukpk;Z ,oa fu;a=d] jktdh; esfMdy dkWyts @MsUVy dkWyts }kjk lR;kfir fd;k gqvk gksuk vko";d gSA
(ii) eq[; fpfdRlk ,oa LokLF; vf/kdkjh] izeq[k fpfdRlk vf/kdkjh] ftyk iztuu ,oa f"k"kq LokLF; vf/kdkjh] eq[; lkoZtfud fo"ys'kd] mi funs"kd vkS'kf/k ijh{k.k iz;ksx"kkyk }kjk tkjh vuqHko izek.k i=ksa dks fpfdRlk ,oa LokLF; foHkkx ds lacfa /kr tksu ds la;qDr funs"kd }kjk lR;kfir fd;k gqvk gksuk vko";d gSA "
4. The petitioner filled her application form and claimed bonus marks on the basis of experience certificate dated 17.7.2018, which certified that petitioner had worked as ANM for a period of 2 year 01 month and 2 days.
5. The petitioner was firstly awarded 20 bonus marks for the entire period, however, by way of impugned order dated 23.6.2020, the respondents confined her bonus marks to 10 while denying bonus marks for the period of 77 days when she worked on the post of Lady Health Visitor.
6. While rejecting petitioner's claim for bonus marks for the experience she had gained as LHV, the respondents observed that the work performed by her as LHV is not equivalent to work and responsibility, which are required to be performed by a Female Health Worker or ANM.
7. Mr. Bishnoi, learned counsel for the petitioner invited Court's attention towards petitioner's contract under which she had worked as LHV and submitted that job responsibilities of the (Downloaded on 09/09/2020 at 08:59:55 PM) (5 of 15) [CW-4974/2020] petitioner are/were identical to that of a Female Health Worker(ANM). He submitted that though a Lady Health Visitor is additionally required to supervise the work of ANM, nevertheless, she invariably performs all the works, which an ANM or Female Health Worker is required to perform. The job responsibilities of LHV as enumerated in the contract are reproduced hereunder:
"GENERAL RESPONSIBILITIES • The LHV is responsible to visit all the SCs in her PHCs once every weeks. During the supervisory and mentoring visit she monitor the operations of the SCs, field visit undertaken by the ANMs, meet with the ASHA and take community feedback on the functioning of the SCs, ensure the records are complete, the PoC devices are properly kept and adequately used and resolve any issues faced by the ANM. The report of the SC visit will be shared weekly to the MOIC and the District Administrator.
• Ensure that all important village days such as the MCHN days VHND days are organized properly by the ANMs' assistance.
• LHV will work with the ANMs and the PHC staff to conduct health camps in the villages which will be attended by the MOIC. She will also ensure maximum utilization of all healthcare innovations during screenings at camps.
• She shall participate as a member of the health team with the PHC staff in mass camps and campaigns in health programmes.
• She shall facilitate and participate in activities of village Health and Nutrition Day.
• She will undertake health education activities particularly through interpersonal communication, arrange group meetings with community leaders and organize and conduct training of community leaders with the assistance of ANM.
• LHV shall organize and conduct training for ASHAs with the assistance of the ANM.
• LHV shall assist the MOIC of the PHC in conducting training programme for various categories of health personnel.
• She shall aid the MOIC in initiating disciplinary action against erring staff in coordination per Organization Policy.
• She shall provide the MOIC with relevant feedback for ANMs' appraisal.
Maternal and Child Health (Downloaded on 09/09/2020 at 08:59:55 PM) (6 of 15) [CW-4974/2020] • LHV shall respond to calls from the ANM, the Health Worker male, and render the necessary help. • She shall conduct deliveries when required at PHC level and provide domiciliary and midwifery services. • Family Welfare and Medical Termination of Pregnancy • She will provide FP counselling to the women at the PHCs and the Scs and ensure services are provided per client's choice. Once trained to provide IUCD services she shall provide IUCD services and regularly follow up on the services provided.
Nutrition • The LHV shall ensure that all cases of malnutrition among infants and young children (0-5 years) are given the necessary treatment and advice. All severely acute malnourished children will be referred to the designated SAMS centers. She shall ensure that the ANM will distribute iron folic acid and vitamin A tablets to beneficiaries.
• The LHV shall educate expectant mothers on best breast feeding and complementary feeding practices. Universal Immunization Programme • She will responsible for the cold chain management including management of ILR.
• Follow the directions given in Manual of Health Worker (female) under National Immunization Programme. • Ashe will be actively involved in the preparation of micro-plan for immunisation with ANMs and MOIC. Acute Respiratory Infection • LHV shall ensure early diagnosis of pneumonia cases in a timely manner.
• She shall provide suitable treatment to mild/moderate cases of ARI and ensure early referral in doubtful/severe cases.
School Health • LHV shall assist MOIC in providing health services at schools.
Health Education • She shall carry out educational activities for MCH, Family Welfare, Nutrition and Programmes like leprosy, Tuberculosis and NCD programmes in the community with the assistance of the ANM.
• LHV shall organize and conduct training of women leaders in the community with the assistance of the Health WALM.
• She shall work with Mahila Mandal, Teachers and other women in the Community to promote family welfare programmes, including ICDS personnel. SUPERVISORY RESPONSIBILITIES • LHV shall supervise the ANM and ASHA in delivery of health care service to the community and strengthen their skills through regular interaction and advice. • She will guide GNM, ANM & ASHA in using PoC devices. • LHV shall help the ANM in planning and organizing her programmes of activities.(Downloaded on 09/09/2020 at 08:59:55 PM)
(7 of 15) [CW-4974/2020] • She shall assess the progress of ANMs' assessment report prepared on the forthnightly basis with respect to their duties under various National Health Programmes.
• She shall supervise referral of all pregnant women for RPR (Rapid Plasma Reagin-screening test for syphilis) testing at PHC by ANMs.
• She will be responsible for ensuring early reporting and management of epidemics in her area. • She will be responsible for ensuring complete coverage during the spray activities and search operation for prevention of diseases.
• LHV shall guide the ANM in establishing and training female depot holders for distribution of conventional contraceptives.
• LHV sjhall supervise the immunization of all pregnant women and infants.
• She will guide the MPW to procure supplies, organize immunization camps, provide guidance for maintaining cold chain, storage of vaccine, health education and in immunizations.
REPORTING RESPONSIBILITIES • LHV shall cross reference and validate the Form 6 with the RCH register and attest its authenticity. • LHV shall review reports received from the ANM, consolidate these reports and submit monthly reports to the MOIC.
• LHV shall fill Form 7 at the PHC level and validate the same by cross referencing the data with the various PHC registers maintained as per Standard Operating Procedures. LHV shall submit the same to the MOIC for his/her review.
• LHV shall coordinate with the BCMO's and CMHO's office for date reporting and date flow. MONITORING RESPONSIBILITIES Monitoring ANMs and ASHAs • LHV shall carry out supervisory home visits in the ANM's area with the ANM and monitor her performance. She will also verify 10% of the ANM's home visits in a village to ensure proper working of the ANM. • LHV shall scrutinize the maintenance of records by the ANM and guide her in their proper maintenance. • LHV shall ensure that the eligible couple survey has been completed by ANMs by conducting spot checks. • She will ensure that the ANM maintains her general kit, midwifery kit proper way.
• She will ensure that the Sub-Centre is kept clean and is properly maintained.
• She will closely monitor use of and data generated by the three PoC devices (non-invasive haemoglobin analyser, urine analyser, glucometer) by the ASHA. • She will monitor storage jand maintenance of drugs, comsumables (including PoC devices) and equipment at the SC and help in the procurement of supplies and equipment. (with support of DEO/Pharma) (Downloaded on 09/09/2020 at 08:59:55 PM) (8 of 15) [CW-4974/2020] • LHV will get trained in data capturing through the mHealth, will guide, monitor and supervise ANMs & ASHA on the use of the mHealth and will also look for the quality of the data entered by ANMs and ASHAs."
8. As against this, the job responsibilities of an ANM and Female Health Worker are as under:
"Job Responsibilities of Health Worker (Female) Health Worker Female is responsible for population covered by a subcentre (5000 for plane and 300 for tribal and Hilly area). She will stay at sub centre head quanta can is tantly and carry out following task.
1. Reproductive and Child Health Services
i) Register hundred percent Pregnant Women in first trimester and provide care to all pregnant women throughout the period of pregnancy.
ii) Test urine of pregnant women for albumen and sugar, estimate hemoglobin level, measure BP and weight.
iii) Refer cases of abnormal pregnancy to the Health Assistant Female/Primary Health Centre/FRU. She will help in arranging transport for referral of emergency obstetric care.
iv) Conduct about 50% of total deliveries in her area and should promote for maximum institutional delivery.
v) Supervise deliveries conducted by Dais and assist them whenever called in.
vi) Refer cases of difficult labour and newborns with danger signs help them to get institutional care and provide follow up to the patients referred to or discharged from hospital.
Vii) Make at least four post-natal visits (on zero/Ist IInd, 7th & 40th day) for each delivery conducted in her area and render advice regarding care of mother and child, feeding of the newborn.
Promote initiation of breast feeding (preferably within half and hour), exclusive breast feeding upto 6 months and complementary feeding after 6 months; continuation of breast feeding as long as possible.
Viii) Assist Medical Officer and Health Assistant Female in conducting antenatal and postnatal checkup at the subcentre during RCH clinics.
ix) She will be utilise the information from the eligible couple and child register for the family planning program. She will be squarely responsible for maintaining eligible couple registers and updating it from time to time.
x) Spread the message of family planning to the couples and motivate them for family planning individually and in groups.
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xi) Identify couples with unmet need.
xii) Contact all couples with unmet need and provide them contraceptive of their choice. Provide follow-up services to female family planning acceptors, identify side effects, give treatment on the spot for side-effecs and minor complaints and rate those cases that need attention by the physician to PHC/hospital.
xiii) Establish female depot holder, help the Health Assistant Female in training them and provide a continuous supply of conventional contraceptives to the depot holders.
xiv) Provide IUD insertion and follow up services.
xv) Build rapport with acceptors, village leaders, Jan Mangal couples, Dais, MSS and other utilise them for promoting Family Welfare Programme. xvi) Participate in Mahila Mandal and MSS meetings and utilise such gatherings for educating women in Family Welfare Programme and RCH. xvii) Identify the women requiring help for medical termination of pregnancy and refer them to nearest approved institution.
xviii) Educate community of the consequences of septic abortion and inform them about the availability of services for safe medical termination of pregnancy.
2. Nutrition
i) Conduct health days at Anganwadi centres at least once a month.
ii) Identify cases of malnutrition among infants and young children (zero to five years), give the necessary treatment and advice and refer serious cases to the Primary Health Centre. Advise to parents for deforming the child if malnourished.
iii) Distribute Iron and Folic Acid tablets as prescribed to pregnant and nursing mothers, infants and young children (zero to five years) and family planning acceptors.
iv) Administer Vitamin A solution as prescribed to children from 9 month to 2 years.
v) Educate community about nutritious diet for mother and children.
3. Immunization Programme
i) Follow the directions given in Manual of Health Worker Female under National Immunization Programme.
ii) Immunize pregnant women with tetanus toxide.
iii) Administer DPT vaccine, oral poliomyelitis vaccine, measles vaccine and BCG vaccine to all infants and children, as per schedule and maintain the records.
iv) She should track the dropouts by card tracing and vaccinate them per complete coverage.
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4. Diarrhoea Control Programme
i) Educate mothers regarding home management of diarrhea with ORT.
ii) Timely procure and provide ORS.
iii) Monitor the cases of diarrhoea, if any increase in number, report to Medical Officer.
iv) Record deaths due to diarrhoea and give monthly report.
v) Arrange for referral of severe cases of dehydration to concerned Institute.
vi) Advice mothers to continue breast feeding/feeding during diarrhoea.
5. Acute Respiratory Infection
i) Ensure early diagnosis of Pneumonia cases.
ii) Provide Suitable treatment to mild/moderate cases of ARI.
Iii) Ensure early referral in doubtful/severe cases.
6. Primary Medical Care Provide treatment for minor ailments, provide first aid for accidents and emergencies and refer cases beyond her competence to the Primary Health Centre or nearest hospital.
7. School Health Help the Medical Officers in School Health services. Participate in school health program as per the directives given form time to time.
8. Dai Training
i) List Dais in her area and involve them in promoting Family Welfare.
ii) Help the Health Assistant Female in conducting training Programme for Dais.
9. Communicable Disease
i) Notify the M.O. PHC immediately about any abnormal increase in cases of diarrhoea, dysentery, AFP, Neonatal tetanus, fever with rigors, fever with rash, fever with jaundice or fever with unconsciousness which she come across during her home visits, take the necessary measures to prevent their spread, and inform the Health Worker Male to enable him to take further action.
ii) If she comes across a case of fever during her home visits she will take blood smears, administer presumptive treatment for malaria and inform Health Worker for further action.
iii) Identify cases of skin patches, especially if accopanied by loss of sensation, which she comes across during her home visits and bring them to the notice of the Health Worker Male/supervisor.
iv) Assist the Health Worker Male in maintaining record of cases in her area, who are under treatment for tuberculosis and leprosy and check whether they are taking regular and complete DOTS/MDT treatment, motivate defaulters to (Downloaded on 09/09/2020 at 08:59:55 PM) (11 of 15) [CW-4974/2020] taking regular treatment and bring these cases to the notice of the Health Worker Male or Health Assistant Male.
v) Identify and refer all cases of blindness including suspected cases of cataract to M.O. PHC.
10. Vital Events.
Record births and deaths occurring in her area in the births and deaths register and report them to the Health supervisor, Health Worker Male and to Panchayat.
11. Record Keeping
i) Register (a) pregnant women in her area (b) infants zero to one year of age, and (c) women aged 15 to 44 years.
ii) Maintain the prenatal and maternity records and child care records.
Iii) Update EC register every year and prepare service delivery register with the help of Health Worker Male.
iv) Maintain the records as regards contraceptive distribution, IUD insertion, couples sterilized, clinics held at the subcentre and supplies received and issued and to see for the out dated medicines.
v) Prepare and submit the prescribed monthly reports in time to the Health Assistant Female.
vi) Review performance with the help of supervisor and take corrective measures.
12. Team Activities
i) Attend and participate in staff meetings at Primary Health Centre/Community Development Block or both. She will also attend monthly meeting at Panchayat.
ii) Coordinate her activities with the Health Worker Male and other health Workers including AWW, JM Couple, Health Guides and Dais.
iii) Meet the Health Assistant Female every two week and seek her advice and guidance whenever necessary.
iv) Maintain the cleanliness of the subcentre.
v) Participate as a member of the team in camps and campaigns.
vi) Identify unreached and under served areas and prepare a plan of out reach activities.
vii) Work as a team with Anganwadi Worker in ICDS block/VHG/TBA.
Viii) Conduct Health day once a month at AWC.
15. Subcentre Planning
i) Conduct CNA and prepare SC plan with the help of HW(M) and supervisor.
ii) Maintain a proper record of supplies received.
iii) Store of medicines, equipments and other items will be maintained well."
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9. Learned counsel for the petitioner compared both the job responsibilities and contended that true it is, that Lady Health Visitor is required to oversee the work of ANM, but at the same time she has to perform all the works of ANM, as and when required. It was also argued that during performance of duties as LHV or while supervising the work of ANM, it cannot be said that a candidate, (LHV) is not performing identical duties as are being performed by ANM.
10. He argued that the respondents have given a restrictive & narrow interpretation to the terms of the advertisement and refused bonus marks to the petitioner for the period of 77 days during which, she had worked as LHV. He argued that denial of bonus marks for the work performed as LHV is contrary to the objects of Rule 19, which has been incorporated to give an upper hand to candidates working with or under the schemes of the Government.
11. Mr. Mehta, learned counsel appearing for the State submitted that denial of experience for the contentious 77 days (during which petitioner had worked as LHV) is perfectly just and proper.
He argued that the petitioner can claim bonus marks for the experience gained as Female Health Worker only and that petitioner's work as LHV for 77 days, was supervisory in nature and thus, her claim for bonus marks for such experience, is not justified.
12. Taking the Court through various job responsibilities of the petitioner-a LHV, Mr. Mehta argued that petitioner is required to perform supervisory work and she is called upon to perform duties of ANM only when required.
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13. Emphasis of Mr. Mehta has been that, it is very difficult to calculate the exact period or days out of her stint as LHV, when she had actually performed work of ANM. According to him the respondents were justified in not counting the period of 77 days as the experience of ANM during which, she had performed duties of LHV.
14. It was vociferously argued that bonus marks is a concession given to a candidate and the same cannot be claimed as a matter of right. It was also submitted that the respondents have adopted a uniform policy or practice and all the candidates, who claimed bonus marks for their work as LHV have been denied bonus marks for such experience and hence, no fault can be found in the decision of the respondent-State.
15. Learned counsel relied upon following judgments of this Court:
(1) SBCWP No.7515/2015: Surender Kumar and Ors. Vs. State of Rajasthan and Ors., decided on 8.1.2016.
(2) SBCWP No.3148/2016: Smt. Munni Kumari Mewara Vs. State or Rajasthan and Ors., decided on 12.8.2016.
(3) DBCWP No.13131/2018: Ratan Singh and Ors. Vs. State of Rajasthan and Ors., decided on 5.8.2019.
16. Heard.
17. I have carefully examined the job responsibilities catalogued in the contract executed by the petitioner (LHV) and the agency, vis-a-vis the responsibilities of an ANM.
18. A perusal of the same, leaves no room for doubt that petitioner may be a rung above ANM in the hierarchy, nevertheless, her duties and responsibilities are no different than that of an ANM. Undoubtedly, a Lady Health Visitor has (Downloaded on 09/09/2020 at 08:59:55 PM) (14 of 15) [CW-4974/2020] supervisory responsibilities, but then, it cannot be said that she is completely absolved of her responsibilities of performing duties as an ANM.
19. In considered opinion of this Court, Rule 19, which deals with grant of bonus marks is ameliorative in nature. If a candidate has worked under a scheme of Government and has performed identical or similar duties, which are required to be performed by the person manning the post which is advertised, the State cannot adopt a telescopic or technical approach to deny grant of bonus marks to such candidate.
20. In the present case, it cannot be said that the petitioner, who has worked as LHV for 77 days has not performed the work of ANM at all. That apart, even while supervising or overseeing the work of ANM's, neither can her experience be ignored, nor can the same be alleged to be different than that of an ANM.
21. Merely because a Lady Health Visitor (LHV), is given additional responsibility of supervision, it cannot be said that she has lost track of the skills of ANM or she has been absolved of the responsibility of an ANM.
22. Judgments cited by learned counsel for the respondent do not have much bearing on the issue at hands. While Ratan Singh (supra) lays down a general principle that bonus marks cannot be claimed as a matter of right, the remaining judgments in Smt. Munni Kumari (supra) and Surendra Kumar (supra) are clearly distinguishable on facts as in both the cases, the job responsibilities of the posts on which the petitioners were working, vis-a-vis the advertised posts were held to be different, for the purpose of claiming bonus marks.
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23. However, as noticed above, the job responsibilities of LHV are no different than ANM. Therefore, the judgments cited by learned counsel do not help the stand of the respondent-State.
24. In view of the aforesaid, and having regard to the fact that Lady Health Visitor is a promotional post from ANM under the Rules of 1965 and further because no direct recruitment takes place for 'Lady Health Visitor', this Court is of the considered opinion that a candidate having worked as Lady Health Visitor on contract basis or under a scheme of Government, is entitled for bonus marks for the experience she has gained as a Lady Health Visitor.
25. All the captioned writ petitions are, therefore, allowed;
rejection or denial of bonus marks to the petitioners for the period they have worked as Lady Health Visitor is held illegal, arbitrary and contrary to the object sought to be achieved by the Rules of 1965.
26. The respondents are directed to award bonus marks to the petitioners for the period during which, they have performed the duties of LHV.
27. Needful be done within a period of six weeks from today.
Consequent to grant of bonus marks, if the petitioner(s) fall in merit, she/they be accorded appointment subject of course to fulfilling other eligibility criteria, preferably by 31.10.2020.
28. All the interlocutory application(s) stand disposed of.
(DINESH MEHTA),J 64-Rahul/-
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