Rajasthan High Court - Jodhpur
Dileep Jwala & Ors vs State Of Rajasthan & Ors on 16 January, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11005 / 2017
Sampat Lal S/o Shri Bhanwar Lal, Aged About 44 Years, B/c
Parihar, R/o Bera Patliya, Water Works Road, Sojat City, District
Pali (Raj.)
----Petitioner
Versus
1. The State of Rajasthan Through the Chief Secretary,
Government of Rajasthan, Jaipur.
2. The Principal Secretary, Finance Department, Government of
Rajasthan, Jaipur.
3. The Principal Secretary, Medical & Health Welfare Services,
Government of Rajasthan, Jaipur.
4. The Director, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
5. The Mission Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur
6. The Project Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur.
7. The Project Director, Mukhyamantri BPL Jeevan Raksha Kosh
Yojna, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur
8. The Chief Medical & Health Officer Cum Secretary Rajasthan
Medical Relief Society, Pali, District-pali
9. The Principal Medical Officer, Govt. Hospital, Sojat City, Pali.
----Respondents
Connected With
S.B. Civil Writ Petition No. 3754 / 2017
1. Shahbaz Khan S/o Abdul Rauf Khan, Aged About 36 Years,
Resident Of- Parbatsar, District- Nagaur.
2. Bhera Ram Beniwal S/o Shri Girdhari Lal Beniwal.
3. Bhuvnesh Vyas S/o Shri Ramesh Chandra Vyas
4. Girish Chandra Sevak S/o Shri Ganesh Lal Sevak
5. Beni Gopal Rao S/o Shri Moolchand Rao
6. Manoj Kumar Joshi S/o Shri Kamlashankar Joshi
(2 of 22)
7. Purushottam Lal Swami S/o Shri Subhashchandra Swami,k
8. Hansa Rathore D/o Shri Kanhaiya Lal Daiya
9. Pankaj Chouhan S/o Shri Basant Ram Chouhan
10. Vinod Kumar S/o Shri Jagdish Prasad
11. Ritu Rathore D/o Shri Ram Singh Rathore
12. Brij Mohan Kajla S/o Shri Heera Lal Kajla
13. Deepak Vijayvargiya S/o Shri Kishan Lal Vijyavargiya
14. Prakash Chandra S/o Shri Satyanarayan Ji
15. Pradeep Patel S/o Shri Roop Lal Patel
16. Rajendra Goswami S/o Shri Gangadhar Goswami
17. Manoj Kumar Indoura S/o Shri Laxminarayan Indoura
18. Mahendra Kumar Jaiman S/o Shri Narendra Kumar
19. Ravi Kumar Sen S/o Shri Moti Lal Sen
20. Roshan Lal Regar S/o Shri Ram Lal Regar
21. Nutan Goyal D/o Shri Dinesh Kumar Goyal
22. Dinesh S/o Shri Ram Babu
23. Pallavi Ode D/o Shri Multan Ji
24. Dheeraj Kumar Gupta S/o Shri Shiv Gupta
25. Mahendra Kumar Pareek S/o Shri Dinesh Kumar Pareek
26. Rajuram Shyoran S/o Shri Shishpal Shyoran
27. Manoj Kuamr S/o Shri Babu Lal Joshi
28. Anil Kumar S/o Shri Rajendra Kumar Kaswan
29. Krishan Bihari Saxena S/o Shri Mahesh Kumar Saxena
30. Ramesh Kumar S/o Shri Babu Lal Sukharia
31. Raghuvir Singh Jhala S/o Shri Gattu Singh Jhala
32. Khangara Ram S/o Shri Bhura Ram
(3 of 22)
33. Harish Singh Saini S/o Shri Pokarmal Saini
34. Raju Menariya S/o Shri Shobha Lal Menariya
35. Ramanuj Vaishnav S/o Shri Sureshchandra Vaishnav
36. Santosh Kumar Gurjar S/o Shri Balram Gurjar
37. Durga Prasad Tiwari S/o Shri Om Prakash Tiwari
38. Sharwan Kumar S/o Shri Chhoga Ram
39. Sukhvir Singh S/o Shri Paramjit Singh
40. Sonaram Meghwal S/o Shri Sita Ram
41. Jayendra Yadav S/o Shri Nathu Lal Yadav
42. Vijay Somawat S/o Shri Gulab Somawat
43. Rajesh S/o Shri Chhaju Ram
44. Farook Khan S/o Yasin Mohd.
45. Ashok Kumar S/o Shri Ganesha Ram
46. Kailash Vaishnav S/o Shri Viram Das Vaishnav
47. Murli Manohar S/o Shri Purushottam Ji
48. Rambabu Sharma S/o Shri Rameshchand Sharma
49. Abdul Mannan Kharadi S/o Abdul Hamid Kharadi
50. Zaved Khan S/o Zafaruddin Khan
51. Champa Lal S/o Shri Mangi Lal
52. Govind Ram Kumawat S/o Shri Shankar Lal
53. Badri Prasad Lakhara S/o Shri Jagdish Prasad Lakhara
54. Kamlesh Kumar S/o Shri Babu Lal Parihar
55. Ramkumar Choudhary S/o Shri Chaila Ram Choudhary
56. Dharmendra Singh Malav S/o Shri Satendra Singh Malav
57. Hariom Sharma S/o Shri Prabhudayal Sharma
58. Fakir Mohd. S/o Abbas Qureshi
(4 of 22)
59. Baldev Singh S/o Shri Govind Ram
60. Pawan Kumar Sharma S/o Shri Mahavir Prasad Sharma
61. Umesh Kumar Sharma S/o Shri Radheshyam Sharma
62. Irfan Ali S/o Abdul Shankar Ansari
63. Balram S/o Shri Hansraj Saharan
64. Mahavir Kumar Dhakar S/o Shri Jeetmal Dhakar
65. Pawan Kumar Sharma S/o Shri Prabhu Dayal Sharma
66. Suresh Kumar Mavar S/o Shri Nathu Lal Mavar
67. Rajni Sharma D/o Surendra Kumar Sharma
68. Shishpal Sunda S/o Shri Roora Ram Sunda
69. Pappu Kumar Mawalia S/o Shri Ghasi Ram Mawalia
70. Ramniwas S/o Shri Kheta Ram
71. Mohd. Naushad Kha S/o Kamaru Dinn
72. Vinod Kumar Gupta S/o Shri Kishore Lal Gupta
73. Munesh Kumar S/o Shri Nand Kishore
74. Manoj Kumar Sharma S/o Shri Lallu Prasad Sharma
75. Ladu Singh Chouhan S/o Shri Chhog Singh Chouhan
76. Chander Shekhar S/o Shri Ramesh Chandra
77. Manish Kumar Khatri S/o Shri Om Prakash Khatri
78. Durgesh Mali S/o Shri Moti Lal Mali
79. Prem Chand Ora S/o Shri Prabhu Lal Ora
80. Rajendra Kumar Lamba S/o Shri Gopal Lal Lamba
81. Suraj Mal Garwa S/o Shri Sita Ram
82. Yograj Singh S/o Shri Jagan Singh
83. Devendra Kumar Sharma S/o Shri Suresh Kumar Sharma
84. Mukesh Saini S/o Shri Brij Mohan Saini
(5 of 22)
85. Sawai Man Chouhan S/o Shri Jethmal Chouhan
86. Ravi Kumar Hagavaniya S/o Shri Manjulal Hagavaniya
87. Satpal Jatav S/o Shri Gariba Jatav
88. Rajan Singh Jatav S/o Shri Shankaria Jatav
89. Oma Ram Meghwal S/o Shri Ganga Ram
90. Rajendra Kumar Sharma S/o Shri Ramkishore Sharma
91. Indra Kumar S/o Shri Ramgopal
92. Jignesh Kumar Vyas S/o Shri Tribhuvan Prasad
93. Buddhi Prakash Sharma S/o Shri Sanwarmal Sharma
94. Veeram Singh S/o Shri Om Prakash
95. Vijay Raj Singh S/o Shri Bhagwan Singh
96. Dheeraj Tanwar S/o Shri Laxmi Narayan Tanwar
97. Gori Shankar S/o Shri Dhanpat Ram
98. Gautam Giri Goswami S/o Shri Dev Giri Goswami
99. Arjun Lal Meghwal, S/o Shri Nathu Lal Meghwal
100. Moniudeen Qureshi S/o Abdul Ajeej Qureshi
101. Pawan Kumar Gaur S/o Shri Shyam Lal Gour
102. Kishan Dan Charan S/o Shri Amar Dan Charan
103. Meera Bhatnagar W/o Shri Vinod Kumar
104. Manoj Kumar S/o Shri Kedar Khandelwal
105. Kanchan Kumar Sharma S/o Shri Prahlad Chand Sharma
106. Yogesh Kumar Bohra S/o Shri Sahiram Bohra
107. Kalu Ram Meena S/o Sardar Singh Meena
108. Rajesh Kumar Parmar S/o Ram Singh Parmar
109. Kapil Kumar Vyas S/o Vasudev Vyas, Petitioner No. 2 to 109
All Are R/o C/o Shahbaz Khan S/o Abdul Rauf Khan, R/o Parbatsar,
District Nagaur.
(6 of 22)
----Petitioners
Versus
1. The State of Rajasthan Through the Chief Secretary,
Government of Rajasthan, Jaipur.
2. The Principal Secretary, Finance Department, Government of
Rajasthan, Jaipur.
3. The Princpal Secretary, Medical & Health Welfare Services,
Government of Rajasthan, Jaipur.
4. The Director, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
5. The Mission Director, National Health Mission, Department of
Medical, Health and Family Welfare, Govt. of Rajasthan, Jaipur
6. The Project Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur.
7. The Project Director, Mukhyamantri BPL Jeevan Raksha Kosh
Yojna, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
----Respondents
S.B. Civil Writ Petition No. 9490 / 2017
1. Vikram Singh Chouhan S/o Shri Dalpat Singh Chouhan, At
Present As Computer Operator in Community Health Centre
Dhundhada, Tehsil Luni, District Jodhpur.
2. Om Prakash Parmer S/o Shri Hanuwanta Ram Parmar, At
Present As Computer Operator in Community Health Centre, Tehsil
Shergarh, District Jodhpur.
3. Gunesha Ram S/o Shri Chutraram, At Present Working As
Pharmacist in Community Health Centre, Mathaniya, District
Jodhpur.
4. Naresh Kumar S/o Shri Kanaram, At Present Working As
Pharmacist in Community Health Centre, Pipar City, Tehsil Pipar
City, District Jodhpur.
----Petitioners
Versus
1. The State of Rajasthan Through the Chief Secretary,
Government of Rajasthan, Jaipur.
(7 of 22)
2. The Principal Secretary, Finance Deparment, Government of
Rajasthan, Jaipur.
3. The Principal Secretary, Medical & Health Welfare Services,
Government of Rajasthan, Jaipur.
4. The Director, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
5. The Mission Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur.
6. The Project Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur.
7. The Project Director, Mukhyamantri BPL Jeevan Raksha Kosh
Yojna, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
----Respondents
S.B. Civil Writ Petition No. 9520 / 2017
1. Hari Narayan Bhati S/o Shri Kanhaiya Lal, Aged About 38 Years,
R/o 1-I-14, 3-A-Chhoti, Sadbhawna Nagar, Sahuwala, District
Sriganganagar, Rajasthan.
2. Bajrang Lal S/o Shri Rai Singh, R/o House No. 116, Gandhi
Basti, Purani Abadi, Ward No. 11, District Sriganganagar,
Rajasthan.
3. Ram Pratap S/o Shri Ram Prakash, Ward No. 07, Khatlabana,
District Sriganganagar, Rajasthan.
4. Vikram Jeeet Vig S/o Shri Ramesh Chand Vig, R/o 155- Shivlink
Sadbhawana Nagar Road, Sriganganagar, District Sriganganagar,
Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Chief Secretary, Department of
Medical & Health, Government of Rajasthan, Jaipur, Rajasthan.
2. The Principal Secretary, Finance Department, Government of
Rajasthan, Jaipur.
3. The Principal Secretary, Medical & Health Welfare Services,
Government of Rajasthan, Jaipur.
4. The Director, Medical & Health Services, Government of
(8 of 22)
Rajasthan, Jaipur.
5. The Mission Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur.
6. The Project Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur.
7. The Project Director, Mukhyamantri BPL, Jeevan Raksha Kosh
Yojna, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
8. The Chief Medical and Health Officer Cum Secretary, Rajasthan
Medical Relief Society, Sriganganagar, District Sriganganagar,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9525 / 2017
1. Ramnarayan Choudhary S/o Ramdin Choudhary, Aged About 30
Years, Resident of - Behind Bhadwasiya Hospital, Maderna Colony,
Jodhpur.
2. Hem Singh Inda S/o Rewat Singh Inda, Resident of - Plot No.
116, Ram Nagar, Nandri Gaushala, Jodhpur.
3. Takhat Singh Solanki S/o Shyam Singh Solanki, Resident of -
Plot No. 133, Defence Colony, Jodhpur.
4. Varsha Solanki D/o Ranjeet Singh Solanki, Resident of -
Prithvipura, Rasala Road, Jodhpur.
5. Kishore Kumar S/o Mitha Lal Joshi, Resident of - Takhatgarh,
District Pali.
6. Ashok Kumar Joshi S/o Tikam Das Joshi, Resident of - Beriyon
Ka Bas, Rai Colony, Barmer.
7. Sheetal Soni S/o Manmohan Soni, Resident of - College Road,
Pragati Nagar, Gali No.5, Banswara.
8. Ujjwal Singh Hada S/o Sajjan Singh Hada, Resident of - Opp.
Taneshwar Mahadeo Temple, Outside Surajpole Gate, Banswara.
9. Anupam Singh Mertiya S/o Shyam Ashyam, Resident of - Near
Old Jail, Banswara.
10. Bharat Patel S/o Laleng Patel, Resident of - Mukam/Post
Padikala, District Banswara.
11. Rajesh Sharma S/o Sushil Kumar Sharma, Resident of - Opp.
Aradhana Bhawan, Sadar Bazar, Sagwara, District Dungarpur.
(9 of 22)
12. Milan Kumar Bhatt S/o Mohan Lal Bhatt, Resident of - VPO
Diwra Chhota, Tehsil Galiya Kot, District Dungarpur.
13. Rahul Pandya S/o Jagdish Chand Pandya, Resident of -
Shuklawada, Sagwada, District Dungarpur.
14. Vinod Giri Goswami S/o Chitra Giri Goswami, Resident of -
Near Sales Tax Office, Dibba Pada, Jaisalmer.
15. Hari Shankar Sharma S/o Kishan Lal Sharma, Resident of -
Ward No. 28, Churu.
16. Vijay Kumar Sharma S/o Kanhaiya Lal Sharma, Resident of -
Ward No.10, Sadulpur, District Churu.
17. Kailash Balan S/o Rameshwar Lal Balan, Resident of - Ward
No.45, Churu.
18. Subhash Tetarwal S/o Devaram Tetarwal, Resident of - Mukam
Ghothra, Tehsil Sujangarh, District Churu.
19. Chandra Prakash Swami S/o Roopdas Swami, Resident of -
Near Jat Temple, Sujangarh, District Churu.
20. Santosh Devi D/o Ram Lal Nai, Resident of - Ward No. 20,
Sujangarh, District Churu.
21. Prabhu Ram Meghwal S/o Munna Lal Meghwal, Resident of -
Ward No. 19, Ambedkar Nagar, Chhapar, District Churu.
22. Chhagan Lal Meghwal S/o Jhoomar Ram Meghwal, Resident of
- VPO Badabar, Tehsil Sujangarh, District Churu.
23. Ram Kumar Swami S/o Shankar Lal Swami, Resident of -
Ward No.14, Churu.
24. Puran Das Vaishnav S/o Bajrang Das, Resident of -
Mukam/Post Bhandiyawas, Tehsil Pachpadra, District Barmer.
25. Shrawan Gehlot S/o Vishan Lal, Resident of - Ward No.28,
Gandhipura, Balotra, Tehsil Pachpadra, District Barmer.
26. Pankaj S/o Ghewarchand, Resident of - Ward No.28,
Gandhipura, Balotra, Tehsil Pachpadra, District Barmer.
27. Amrit Lal S/o Mishri Mal, Resident of - Village Sindhari,
District Barmer.
28. Laxmi Narayan Khatri S/o Moolchand Khatri, Resident of - Rai
Colony, Panch Batti Circle, Barmer.
(10 of 22)
29. Wasim Sheikh S/o Mohammad Yasin, Resident of - Behind
Police Station, Barmer.
30. Mukesh Kumar S/o Tarachand Parmar, Resident of - Shahstri
Nagar, Barmer.
31. Vinod Singh Rajpurohit S/o Malam Singh, Resident of - 318,
Bapu Nagar Extension, Pali.
32. Bharat S/o Purshottam, Resident of - 161, Shivaji Nagar, Pali.
33. Asha Sharma W/o Pramod Sharma, Resident of - 99,
Kamdhenu Vihar, Mani Nagar, Pali.
34. Dilip Kumar Saini S/o Ram Lal Saini, Resident of - VPO Dujar,
Tehsil Ladnun, District Nagaur.
35. Dinesh Kumar Saini S/o Bhanwar Lal Mali, Resident of - Ward
No. 15, Ladnun, District Nagaur.
36. Amit Vyas S/o Ajay Kumar Vyas, Resident of - Kot Mohalla,
Didwana, District Nagaur.
37. Sumit Vyas S/o Ajay Kumar Vyas, Resident of - Kot Mohalla,
Didwana, District Nagaur.
38. Shri Bhagwan S/o Maga Ram Tak, Resident of - Jhalra Bas,
Didwana, District Nagaur.
39. Ganesha Ram S/o Kana Ram, Resident of - Bawri, Tehsil
Didwana, District Nagaur.
40. Dinesh Chandra Sargara S/o Bhura Lal Sargara, Resident of -
Near Seth Rang Lal College, Rajnagar, District Rajsamand.
41. Raj Kumar Vyas S/o Gauri Shankar Vyas, Resident of -
Village/Post Mundol, Tehsil & District Rajsamand.
42. Gopal Ram S/o Jeevan Ram, Resident of - Ward No.16,
Degana, District Nagaur.
43. Vinod Neriya S/o Satyanarayan Neriya, Resident of -
Mukam/Post Deh, District Nagaur.
44. Om Prakash Chouhan S/o Madan Lal Chouhan, Resident of -
Amarpura, District Nagaur.
45. Pratap Singh Soni S/o Chandan Mal Soni, Resident of -
Venktesh Temple, Bhurawadi, Nagaur.
46. Om Veer Singh Bhati S/o Chatar Singh Bhati, Resident of -
Village/Post Guda Bhagwandas, District Nagaur.
(11 of 22)
47. Mukesh Parashar S/o Bhanwar Lal Parashar, Resident of - 269,
PHED Colony, Nagaur.
48. Hari Ram Gora S/o Gyana Ram Gora, Resident of - Badli Road,
Near 5th Number School, Nagaur.
49. Jograj S/o Bhanwar Lal, Resident of - Ward No.14,
Mangalpura, Pokaran, District Jaisalmer.
50. Ravindra Kumar Garg S/o Narayan Lal Garg, Resident of -
PWD Colony, Sirohi.
51. Sandeep S/o Balram, Resident of - Village/Post Kharakheda,
Tehsil Tibbi, District Hanumangarh.
52. Lal Chand S/o Magha Ram, Resident of - Village/Post
Rampura @ Ramsara, District Hanumangarh.
53. Madan Lal S/o Rameshwar Dayal, Resident of - Ward No.16,
Hanumangarh Town, District Hanumangarh.
54. Lal Chand S/o Om Prakash, Resident of - Ward No.31, Prem
Nagar, Hanumangarh.
55. Abhishek Ameta S/o Gopal Krishan Dave, Resident of -
Sutharwada, Titardi, Udaipur.
56. Mahesh Gupta S/o Balkishan Gupta, Resident of - Gayatri
Chowk, Barmer.
57. Ramesh Bhai S/o Raju Bhai, Resident of - C/o Mangla Ram
Sen, Near Purohit Building, Rajendra Nagar, Jalore.
58. Hitesh Kumar Sharma S/o Ashok Kumar Sharma, Resident of
- 142, Ashapurna Colony, Near Bhinmal Bypass Road, Jalore.
59. Ramesh Kumar S/o Deepa Ram, Resident of - Village
Pahadapura, Post Teerkee, Tehsil & District Jalore.
60. Sunil Kumar S/o Bhana Ram, Resident of - Inside Tilak Dwar,
Kumharon Ka Bass, Jalore.
61. Anju Saraswat W/o Girish Saraswat, Resident of - 54, Danta
Bhairav, Kumharwada, Udaipur.
62. Manish Bhai Darji S/o Radheshyam Darji, Resident of - E-13,
Housing Board, Teliyo Ka Talab, Nathdwara, District Rajsamand.
63. Govind Sanadhya S/o Vishnu Dutt Sanadhya, Resident of -
Lambi Gali, Upper Ganesh Nagar, Nathdwara, District Rajsamand.
(12 of 22)
64. Roopa Ram Bagdi S/o Tikam Chand, Resident of - Mukam/Post
Chhoti Khatu, Tehsil Didwana, District Nagaur.
65. Manoj Kumar S/o Bajrang Lal, Resident of - VPO Sidhmukh,
Tehsil Rajgarh, District Churu.
66. Rajkumar Nirban S/o Subhashchandra Nirban, Resident of - E-
61, Ward No.15, Agrasen Nagar, Churu.
67. Sarfraz Khan S/o Maqbool Ahmed Khan, Resident of - Bhisti
Mohalla, Kherwara, District Udaipur.
68. Prakash Choudhary S/o Shobha Ram, Resident of - Barni
Circle, Near Dena Bank, Via Asop, Tehsil Bhopalgarh, District
Jodhpur.
69. Vicky Basod S/o Gori Shankar, Resident of - Ward No. 4, Near
Ambedkar Park, Srikaranpur, District Sri Ganganagar.
70. Rakesh Kumar Garg S/o Ram Chandra Garg, Resident of -
VPO Dhaneria Garh, Tehsil Railmagra, District Rajsamand.
71. Kamal Kishore Sharma S/o Brahamdev Sharma, Resident of -
Pipaliyo Ka Bass, Ward No. 8, Deshnok, District Bikaner.
72. Pawan Kumar Sharma S/o Hari Prasad, Resident of - Near Eye
Hospital, Ward No.20, Adasar Bass, Sri Dungargarh, District
Bikaner.
73. Haroon Akhtar S/o Akhtar Beg Mirza, Resident of - Mohalla
Raza Nagar, Tehsil Sarada, District Udaipur.
74. Gulam Rabbani Abbasi S/o Gulam Dastgir Abbasi, Resident of
- Kotra, District Udaipur.
75. Naresh Suthar S/o Tulsiram Suthar, Resident of - VPO Kheda
Kachwasa, Tehsil & District Dungarpur.
76. Sachin Bhawsar S/o Kamlesh Bhawsar, Resident of - VPO
Galiyakot, Tehsil & District Dungarpur.
77. Radheshyam S/o Verasi Mal, Resident of - 591, Khatri Ka
Pada, Tehsil Ramsar, District Barmer.
78. Abhishek Kumar S/o Harish Chandra, Resident of - H.No.
1/25, Near Housing Board, Banswara.
79. Mukesh Kumar S/o Prem Chand, Resident of - Village Kaleri
Dhani, Post Pakodi Dhani, District Jhunjhunu. Presently Working At
- CHC, Sayla, District Jalore.
80. Surendra Singh Jhala S/o Manohar Singh Jhala, Resident of -
(13 of 22)
Behind Doordarshan Tower, Suro Ka Khun Road, Salumber, District
Udaipur.
81. Parmeshwar Lal Vaishnav S/o Pyarchand Vaishnav, Resident of
- VPO Dhar, Tehsil Jahazpur, District Bhilwara.
82. Vijay Pareek S/o Om Prakash Pareek, Resident of - 6-A-75,
Chandra Shekhar Azad Nagar, Bhilwara.
83. Krishna Kant Sharma S/o Nand Lal Sharma, Resident of - Nai
Abadi, Saloliya Bhawan, Kachhola, District Bhilwara.
84. Gulam Mustafa S/o Fakir Mohammad, Resident of - House No.
1064, Kund Chowk, Hamirgarh, District Bhilwara.
85. Arjun Patel S/o Khomaji Patel, Resident of - VPO Kupra, Tehsil
& District Banswara.
86. Vinit Chokaliya S/o Ashok Kumar Chokaliya, Resident of -
Subhash Marg, Kushalgarh, District Banswara.
87. Ashok Sharma S/o Parahlad Sharma, Resident of -
Maheshwari Mohalla, Nimbahera, District Chittorgarh.
88. Vipin Kumar S/o Pawan Kumar, Resident of - Ward No. 8, VPO
Nawan, District Hanumangarh.
----Petitioners
Versus
1. The State of Rajasthan Through the Chief Secretary,
Government of Rajasthan, Jaipur.
2. The Principal Secretary, Finance Department, Government of
Rajasthan, Jaipur.
3. The Principal Secretary, Medical & Health Welfare Services,
Government of Rajasthan, Jaipur.
4. The Director, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
5. The Mission Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur.
6. The Project Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur.
7. The Project Director, Mukhyamantri BPL Jeevan Raksha Kosh
Yojna, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
(14 of 22)
----Respondents
S.B. Civil Writ Petition No. 9527 / 2017
1. Rahul Bhawsar S/o Ramakant Bhawsar, Aged About 28 Years,
Resident Of- Opp SBBJ Bank, Mochi Bazar, Dungarpur, Rajasthan.
2. Mayur Kumar Ahari S/o Poonam Chand Ahari, Aged About 30
Years, Resident Of- Gandhi Ashram, Near LIC Office, Dungarpur,
Rajasthan.
3. Narhari Pahad S/o Krishna Chand Pahad, Aged About 40 Years,
Resident of - House No. 2/76, Shivaji Nagar, Housing Board
Colony, Dungarpur, Rajasthan.
4. Chandra Moli Dwivedi S/o Ashok Kumar Dwivedi, Aged About 30
Years, Resident Of- Bramhsthali Colony, New Colony, Dungarpur,
Rajasthan.
----Petitioners
Versus
1. The State of Rajasthan Through the Chief Secretary,
Government of Rajasthan, Jaipur.
2. The Principal Secretary, Finance Department, Government of
Rajasthan, Jaipur.
3. The Principal Secretary, Medical & Health Welfare Services,
Government of Rajasthan, Jaipur.
4. The Director, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
5. The Mission Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur.
6. The Project Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur
7. The Project Director, Mukhyamantri BPL Jeevan Raksha Kosh
Yojna, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
----Respondents
S.B. Civil Writ Petition No. 10091 / 2017
1. Dileep Jwala S/o Sh. Rohitashwar Singh, Aged About 40 Years,
Resident of Shivbari Ghati, Street No. 06, Bikaner.
2. Sandeep Bhati S/o Sh. Modan Gopal, Aged About 27 Years,
(15 of 22)
Resident of Dauji Mandir Ki Gali, Songiri Well Road, Bikaner.
3. Shyam Sundar Bhati S/o Sh. Gauri Shankar Bhati, Aged About
27 Years, Resident of Ranisar Bas, Bikaner.
4. Mohd. Sharif S/osh. Mohd. Iqbal, Aged About 37 Years,
Resident of Inside Pabubari, Naya Shahar, Bikaner.
5. Javed Beg S/o Sh. Gulzar, Aged About 31 Years, Resident of
Sarvodya Basti, Bikaner.
6. Anil Ranga S/o Sh. Baldeo Das Ranga, Resident of Near
Dwarkadish Temple, Bikaner.
7. Devkishan Soni S/o Sh. Ramnarayan Soni, Aged About 31
Years, Resident of Swamio Ka Mohalla, Bikaner.
8. Rajendra Vyas S/o Sh. Mukund Narayan Vyas, Aged About 42
Years, Resident of Rattani Vyaso Ka Chowk, Bikaner.
9. Kailash Sharma S/o Sh. Babu Lal Sharma, Aged About 32
Years, Resident of Inside Ustagate, Near Mahalaxmi Temple,
Bikaner.
----Petitioners
Versus
1. The State of Rajasthan Through the Chief Secretary,
Government of Rajasthan, Jaipur.
2. The Principal Secretary, Finance Department, Government of
Rajasthan, Jaipur.
3. The Principal Secretary, Medical & Health Welfare Services,
Government of Rajasthan, Jaipur.
4. The Director, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
5. The Mission Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur.
6. The Project Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur.
7. The Project Director, Mukhyamantri BPL Jeevan Raksha Kosh
Yojna, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
----Respondents
(16 of 22)
S.B. Civil Writ Petition No. 12629 / 2017
Ishwar Lal Purohit S/o Shri Bhanwar Lal Purohit, Aged About 33
Years, R/o Devnagari, Takriya Gali No. 1, Sirohi District Sirohi
(Raj.).
----Petitioner
Versus
1. The State of Rajasthan Through the Chief Secretary,
Government of Rajasthan, Jaipur.
2. The Principal Secretary, Finance Department, Government of
Rajasthan, Jaipur.
3. The Principal Secretary, Medical & Health Welfare Services,
Government of Rajasthan, Jaipur.
4. The Director, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
5. The Mission Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur.
6. The Project Director, National Health Mission, Medical & Health
Welfare Services, Government of Rajasthan, Jaipur.
7. The Project Director, Mukhyamantri BPL Jeevan Raksha Kosh
Yojna, Medical & Health Welfare Services, Government of
Rajasthan, Jaipur.
8. The Chief Medical & Health Officer Cum Secretary Rajasthan
Medical Relief Society, Sirohi, District Sirohi.
9. The Principal Medical Officer, Govt. Hospital, Kalandri, Sirohi.
----Respondents
_____________________________________________________
For Petitioner(s) :Mr. RS Saluja, Mr. JS Bhaleria, Mr. Kaushal
Gautam, Mr. VS Bhawla, Ms. Archana Joshi,
Mr. Shailendra Kumar
For Respondent(s) :Mr. Rishabh Tayal for Mr. KL Thakur, AAG
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 16/01/2018 (17 of 22)
1. These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clauses are being taken from the case being S.B. Civil Writ Petition No.9520/2017.
2. Petitioner has preferred this writ petition with the following prayer :-
"1. The impugned order dated 26.07.2017 (Annx.1) and the order dated 01.08.2017 (Annx.2) and the consequential action of relieving the petitioners may kindly be quashed and set aside.
2.That respondents may kindly be directed to continue petitioners in service till the CMBPLJRK scheme continues.
3. That last but not the least, respondents may kindly be directed to adhere to the directions given in Anil Kumar Patwa's case and if at all, it is necessary to terminate services the same may be terminated by adhering the principle of 'last come -first go' by preparing a common seniority list of the persons working in CMBPLJRK and MNDY schemes.
4. That as a consequence, after preparation of such common seniority list, persons who are senior in the two schemes may be directed to be retained in the service as per the need.
5. That last but not the least, it is prayed that finance department may be directed to grant permission for absorption of the petitioners in NHM as directed by administrative department i.e. Medical & Health Department.
6. That the petitioner may also kindly be granted relief (18 of 22) in consonance with the facts stated and the grounds taken in the memo of writ petition.
7. Writ petition filed by the petitioners may also kindly be allowed with costs."
3. Learned counsel for the petitioner has pointed out that vide annexure-1 the sanctioned posts have been done away with but the scheme is still continuing.
4. Learned counsel for the petitioner has further stated that the other parallel schemes are continuing under the broader purview of NHM and thus, any kind of accommodation in those schemes to the trained persons like the petitioner having rich experience was required to be done. Learned counsel for the petitioner has also submitted that since scheme itself has not come to an end and the contractual appointment are co-terminus with the scheme, therefore, such appointments need to be continued.
5. Learned counsel for the petitioner has also pointed out that the respondents ought to adhere to the principle of last come first go for purpose of scaling down the posts which are no longer required.
6. Learned counsel for the petitioner has also relied upon the judgment of Mohd. Abdul Kadir & Anr. Vs. Director General of Police, Aasam, reported in 2009 AIR SCW, 4291 in which the ratio is that the posts coming to an end co-terminus with the project are permissible.
7. Learned counsel for the petitioner has further stated (19 of 22) that any preference to the employees in other scheme is not possible as the scheme comes with the strings attached from the NHM source i.e. Union of India.
7. Learned counsel for the petitioner has further shown that for similar posts a judgment was rendered by the Jaipur Bench of this Court in Anil Kumar Patwa Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.5508/2011) decided on 20.09.2011, the relevant portion of this judgment, reads as under :_ "1. Respondents will not replace petitioners by another set of contractual/ temporary employees either by direct contract or through placement agency.
2. Petitioners would be continued in service till BPL Jeevan Raksha Kosh is continued but subject to requirement of their services. If the required strength is reduced, respondents would be at liberty to discontinue services of petitioners but it should be after following principle of 'last come - first go' at the block level where any of the petitioner is working. In case of withdrawal of the scheme from a particular block, respondents would be at liberty to discontinue services of the petitioners/persons working in that block and in case of continuance of scheme in the block but with reduction of strength, principle of 'last come - first go' would be applied at that block.
3. As agreed by respondents, they will not to make appointments under NRHM pursuant to short term advertisement dated 6.9.2010, rather, they have agreed not to engage any one on contract basis by a direct contract or through placement agency. It can be only on 'job basis' and for which preference would be (20 of 22) given to the existing persons if they are in position to undertake work on 'job basis'.
4. In future, if additional hands are required to undertake work of BPL Jeevan Raksha Kosh, the persons, who have been discontinued, would be given preference for appointment.
5. Petitioners, who have been taken under NRHM pursuant to interim order of this court, can be discontinued if additional hands are not required under NRHM as their continuance was pursuant to the interim order of this court only but, while doing so, respondents will take note of their previous engagement at the block level. If the BPL Jeevan Raksha Kosh is continued in his/ her block then such a candidate/petitioner would be considered based on principle of 'last come - first go'. If he is the person first appointed in comparison to other at the block level where the strength is reduced, then petitioner would be entitled to seek continuance on the principle of 'last come - first go'.
6. In future also, if there is further reduction in requirement of hands, respondents will apply the same formula of 'last come - first go' at the block level for discontinuance of surplus hands as has been given above."
8. Learned counsel for the respondent has however shown from the Annexure-1 dated 26.07.2017 that the financial sanction of the posts sanctioned has been withdrawn and the posts have been eliminated. Learned counsel for the respondent states that it is not a case where a contractual employees are being replaced by another set of contractual employees. Learned counsel for the (21 of 22) respondent has also stated that the concerned scheme is being scaled down as other employees of other schemes are able to man the jobs to be done under this scheme.
9. Learned counsel for the respondents has drawn attention of this court towards the Annexure-2 dated 01.08.2017 whereby the alternate arrangement to the scheme was contemplated by the respondents.
10. After hearing counsel for the parties and perusing the record the case, this Court is of the opinion that it is not a case where the contractual employees under the Mukhyamantri BPL Jeevan Raksha Kosh Yojna are being replaced by another employees. It is clear from the Annexure-1 that the posts have been de-sanctioned and thus, the scheme is being scaled down. The reason of scaling down is also pertinent as the respondents have categorically made out a case that these persons are no longer required as other schemes are covering the zone of functioning of the scheme of Mukhyamantri BPL Jeevan Raksha Kosh Yojna. This Court also finds that the earlier order passed by this court at Jaipur Bench of this Court in the matter of Anil Kumar Patwa (Supra) was sufficient protection given by this Court to the petitioner. Thus, the petitioners cannot be given any protection over and above, the protection of not being replaced by any other of contractual employees.
11. Thus, the present petitions are disposed of with the directions to the respondents that until the scheme of the Mukhyamantri BPL Jeevan Raksha Kosh Yojna is continuing and (22 of 22) the number of seats are sanctioned, the persons for the purpose of scaling down shall be done away while strictly adhering to the principle of last come first go at the block level. The respondent shall also be required to re-asses the functioning zone of the Mukhyamantri BPL Jeevan Raksha Kosh Yojna from time to time and at any juncture, if the zone of functioning of the Mukhyamantri BPL Jeevan Raksha Kosh Yojna is expanded and extended, the petitioners shall be given due preference strictly in accordance with law. It is also made clear that the petitioner shall be entitled to their due benefits until the last day which they work.
(DR. PUSHPENDRA SINGH BHATI)J. sudheer