Rajasthan High Court - Jodhpur
Dr. Paritosh Ujjwal vs State & Ors on 12 February, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. Civil Writ Petition No.9583/2008
Dr. Prem Singh Vs. State of Rajasthan & Ors.
Along-with 2 connected writ petitions.
Order dt: 12/02/2014
1/4
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
(1) S.B. Civil Writ Petition No.9583/2008
Dr. Prem Singh Vs. State of Rajasthan & Ors.
&
(2) S.B. Civil Writ Petition No.9582/2008
Dr. Paritosh Ujjwal Vs. State of Rajasthan & Ors.
&
(3) S.B. Civil Writ Petition No.9584/2008
Dr. Dinesh Kumar Soni Vs. State of Rajasthan & Ors.
Date of Order ::: 12th February, 2014
PRESENT
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
Mr. Manoj Bhandari, for the petitioner(s).
Mr. N.K. Mehta, Addl. Govt. Counsel.
--
BY THE COURT:
1. All these writ petitions are being decided by this common order, however, the facts illustratively are taken of CW No.9583/2008- Dr. Prem Singh Vs. State of Rajasthan & Ors.
2. The petitioner was initially appointed as Medical Officer on contractual basis on 14.08.1997 in the pay scale of Rs.2200-4000, which was subsequently revised to Rs.8000-13500. The State of Rajasthan created a new cadre and service under the newly enacted rules known as 'Rajasthan Rural Medical Health Service Rules, 2008'. The respondents advertised 1368 posts of Rural Medical Officers S.B. Civil Writ Petition No.9583/2008 Dr. Prem Singh Vs. State of Rajasthan & Ors.
Along-with 2 connected writ petitions.
Order dt: 12/02/2014 2/4 vide the advertisement dated 09th May, 2008 (Annex.2) and pursuant to which, the petitioner applied for the post of Rural Medical Officer and upon being selected, he was as such appointed on 26.09.2008. He was earlier granted appointment and his services conditions were governed by the provisions of the Rajasthan Medical & Health Service Rules, 1963.
3. The petitioner claimed in the present writ petition the relief that the period rendered by him as Medical Officer under the 1963 Rules, may be continued in the position of Rural Medical Officer under the 2008 Rules and now again as Medical Officer under 1963 Rules. In the present writ petition, initially the petitioner also challenged the validity of Rule 39 of the new Rules of 2008, however, that prayer of the challenge laid to the validity of said Rule 39 of Rules of 2008 was not pressed by the learned counsel for the petitioner before the Division Bench of this Court on 05.12.2013 and thus the matter was sent back to the Single Bench.
4. During the pendency of the present writ petition, the said new Rajasthan Medical & Health Service Rules have been repealed on 03.01.2012 as would appear from Annex.R/2 Notification produced by the respondents along-with their reply. The said Notification dated 03.01.2012 is reproduced herein below for ready reference:
"GOVERNMENT OF RAJASTHAN DEPARTMENT OF PERSONNEL (A GR.II) No. F.1 (2) DOP/A-II/08 Dated: 3.01.2012 NOTIFICATION S.B. Civil Writ Petition No.9583/2008 Dr. Prem Singh Vs. State of Rajasthan & Ors.
Along-with 2 connected writ petitions.
Order dt: 12/02/2014 3/4 In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Rajasthan hereby makes the following rules to repeal the Rajasthan Rural Medical and Health Service Rules, 2008, namely: -
1. Short title and commencement- (1) These rules may be called the Rajasthan Rural Medical and Health Service (Repeal) Rules, 2012.
(2) They shall be deemed to have come into force with effect from 11.07.2011.
2. Repeal and Savings.- The Rajasthan Rural Medical and Health Service Rules, 2008 is hereby repealed with effect from 11.07.2011:
Provided that such repeal shall not affect the previous operation of the rules, so repealed, and all appointments, orders made or anything done under the rules, so repealed, shall be deemed to have been made or done under the Rajasthan Medical and Health Service Rules, 1963."
5. Learned counsel for the petitioners, Mr. Manoj Bhandari, therefore, submitted that in view of repeal of the 2008 Rules, that cadre of Rural Medical Officer, the petitioner has again continued to be Medical Officer and is governed by old 1963 Rules under which he was initially appointed, therefore, the benefit of continuity of service may be given to the petitioner throughout since in the Repeal Notification, quoted above, no such specific provision has been made. He also contended that the pay granted to the petitioner under 1963 Rules, was protected by the State Government itself when the S.B. Civil Writ Petition No.9583/2008 Dr. Prem Singh Vs. State of Rajasthan & Ors.
Along-with 2 connected writ petitions.
Order dt: 12/02/2014 4/4 petitioner was appointed as Rural Medical Officer under the 2008 Rules.
6. Considering the submissions made at Bar, the prayer of the learned counsel for the petitioner seems to be justified in accordance with the Repeal & Saving provisions of 2008 Rules.
7. Consequently, these writ petitions are allowed with a direction to the State Government to grant the benefit of continuity of service to the petitioners and the period of service rendered earlier, may be reckoned from the initial date of appointment for all purposes since the new 2008 Rules now stand repealed w.e.f. 03.01.2012 and in the saving clause of the said Notification, it is clearly provided that the appointments, orders and anything done under the said Rules of 2008 shall be deemed to have been made in the provisions of Rajasthan Medical & Health Service Rules, 1963.
8. The writ petitions are, accordingly, allowed with aforesaid observations and directions. No costs. A copy of this order be sent to the concerned parties forthwith.
(Dr. VINEET KOTHARI), J.
DJ/-
20S1, S2