Rajasthan High Court - Jodhpur
State Of Rajasthan vs Satya Dev Bhagaur on 13 August, 2019
Bench: S. Ravindra Bhat, Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 837/2019
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.
----Appellants
Versus
1. Satya Dev Bhagaur S/o Shri Balaram Bhagaur, Aged
About 35 Years, Village Post Vijayapura, Tehsil
Hindauncity, District Karauli.
2. Suresh Kumar S/o Shri Hardutt Singh, Aged About 28
Years, House No. 105, Echara Bas, Bhanin, Chalkoi
Baneerotan, Taranagar, District Churu.
3. Vijay Pal S/o Shri Mohan Lal, Aged About 32 Years, R/o
Naurangpura, District Churu.
4. Amar Sainin S/o Shri Buddha Ram Saini,, Aged About 28
Years, R/o Bawdi Walo Ki Dhani, Ward No. 21, Lalsot,
District Dausa.
5. Sher Singh Meena S/o Shri Kishan Lal Meena, Aged About
31 Years, Village Saypur, Tehsil Mahwa, District Dausa.
6. Balkrishna Parashar S/o Shri Gopal, Aged About 32 Years,
R/o Near Khadi Bhandar, Shiv Colony, Ward No. 4,
Hindaun, District Karauli.
7. Ajeet Singh Bhoj S/o Shri Roop Chand Bhoj,, Aged About
29 Years, R/o Phulwada, Longt Puriyan Ka Pura Hindaun,
District Karauli.
8. Manoj Kumar Meena S/o Shri Brij Lal Meena, Aged About
27 Years, Shekhpura, District Karauli.
9. Ram Chandra Meena S/o Shri Bhagirath Mal Meena, Aged
About 32 Years, R/o Bhagerawali, Ward No. 3, Nathawala,
District Jaipur.
----Respondents
For Appellant(s) : Mr.Rajat Arora on behalf of
Mr.Karan Singh Rajpurohit, A.A.G.
For Respondent(s) : Mr.Mahaver Bishnoi
HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE DINESH MEHTA
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(2 of 3) [SAW-837/2019]
Order
13/08/2019
The learned Single Judge in this case allowed the
respondents/writ petitioners' claim holding that the experience gained by them in a scheme - which fell within the National Rural Health Mission (NRHM) [though it was part of the Centralized Accident and Trauma Services (CATS), (an autonomus body of government of NCT of Delhi)] was covered under the proviso to Rule 19 (ii) of the Rajasthan Medical & Health Subordinate Service (Second Amendment) Rules, 2018. By those rules bonus marks are to be awarded to only few classes of employees, i.e. those working for NRHM, the Government of Rajasthan, the Chief Minister B.P.L.Jeevan Raksha Kosh, Medi Care Relief Society and AIDS Control Society. The writ petitioners had relied upon Krishan Kumar Saini & Ors. Vs. State of Rajasthan & Ors. [D.B.Civil Writ Petition No.13639/2018, decided on 09.08.2018] and submitted that if employees are made to work in many institutions but within the NRHM Scheme, such experience would be counted for award of bonus marks. The Division Bench in Krishan Kumar Saini (supra) held as follows:-
"As per the proviso in question a weightage in the form of bonus marks is given to the persons working with National Rural Health Mission, persons working with Government of Rajasthan Hospitals and other health related institutions and with Medi Care Relief Society. So far as the National Rural Health Mission is concerned, that is a nationwide scheme and, therefore, the persons working under this scheme are entitled to have weightage irrespective of the place of their working. All the persons working with National Rural Health Mission anywhere in country and discharging similar work to the work of Nurse Grade-II are entitled for weightage in the form of bonus marks."
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(3 of 3) [SAW-837/2019] The State argues that the recent judgment in Ratan Singh & Ors. Vs. State of Rajasthan & Ors. [D.B.Civil Writ Petition No.13131/2018, decided on 05.08.2019], covers the issue inasmuch as it was held that grant of benefit of bonus marks cannot be claimed as a matter of right.
This Court is of the opinion that the observation made in Krishan Kumar Saini's Case (supra) cannot be treated as binding precedent that the Rajasthan Medical & Health Subordinate Service (Second Amendment) Rules, 2018 specifically confined the grant of bonus marks, to enumerated categories of employees, who had gained experience while working in various institutions in Rajasthan or for the State of Rajasthan, in the concerned schemes. This view is also in accord with the previous Division Bench judgment in Gaurav Kumar Sen & Ors. Vs. State of Rajasthan & Ors. [D.B.Civil Writ Petition No.24245/2018, decided on 29.102018]. Besides, this Court notices that the rules were amended, having regard to the interpretation given by other Division Bench, after the introduction of the award of bonus marks scheme by the Rules of 2013.
In these circumstance, the intention of the State was to confine the benefit of award of bonus marks to those employed in the enumerated schemes within the State of Rajasthan and not others.
The appeal is accordingly allowed; the impugned order is hereby set aside. All pending applications are disposed of.
(DINESH MEHTA),J (S. RAVINDRA BHAT),CJ
12-Kshama Dixit/-
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