Rajasthan High Court - Jodhpur
Shokat Khan vs State (Medical & Health ) & Ors on 5 September, 2011
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
:ORDER:
S.B. CIVIL WRIT PETITION NO.4134/2011 (Shokat Khan Vs. State & Ors.) Date of Order :: 05.09.2011 PRESENT HON'BLE MR JUSTICE GOPAL KRISHAN VYAS Mr. M.S. Godara, for the petitioner.
Mr. Yashpal Khileree, Dy. Govt. Counsel.
Learned counsel for the petitioner submits that petitioner has been appointed on the post of Nurse Grade-II on adhoc basis vide order dated 10.12.2010 till duly selected candidates are made available through RPSC, therefore, it is prayed that petitioner may be allowed to continue on the post of Nurse Grade II till duly selected candidates are made available.
After perusing the order dated 10.12.2010, it is revealed that petitioner has been provided appointment purely on temporary basis for three months or till duly selected candidates are made available, therefore as per the judgment rendered by Hon'ble Division Bench of this Court reported in 1991 WLR (S) (Raj) 124 (Anita Kothari Vs. State of Raj. & Ors.), petitioner is entitled to remain in service till regularly selected 2 candidates are made available.
Hence, this writ petition is disposed of with direction to the respondents not to discontinue the petitioner from services till duly selected candidates are made available and pay salary to the petitioner regularly due salary shall also be paid to the petitioner within one month from the date of receipt of certified copy of this order. It is also clarified that in view of the judgment of Hon'ble Supreme Court rendered in case of State of Karnataka Vs. Uma Devi reported in 2006 SCC (IV) P.1, petitioner will not be entitled to claim regularization on the basis of service period in which he worked purely on temporary basis.
(Gopal Krishan Vyas), J.
arun