Rajasthan High Court - Jodhpur
Ramkumar & Ors vs State & Ors on 3 October, 2016
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19 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
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CIVIL WRIT (CW) No. 11249 of 2016
PETITIONERS:-
1. Ramkumar s/o Heera Ram aged about 34 years,
r/o at present working as Driver of "Janani
Express" 104 Ambulance at PHC Somasar, Tehsil
Suratgarh, District Sri Ganganagar.
2. Bhanwar Dan s/o Amolakhadan r/o at present
working as Driver "Janani Express" 104
Ambulance at PHC Pugal District Bikaner.
3. Bhagwat Singh Rao s/o Param Singh years, r/o
at present working as Driver of "Janani Express"
104 Ambulance at CHC Bari Sadri Block Bari
Sadri, District Chittorgargh.
4. Durgalal Meena s/o Kalyan Meena, r/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Badiyas, Tehsil Kotdi, District
Bhilwara.
5. Bakhtawar Lal Meena s/o Dalu Ram Meena, r/o at
present working as Driver of "Janani Express"
104 Ambulance at PHC Kotiya, District Bhilwara.
6. Shivdan Singh Meena s/o Devi Lal Meena, r/o at
present working as Driver of "Janani Express"
104 Ambulance at PHC Kotdi, Tehsil Kotdi,
District Bhilwara.
7. Mewa Lal Meena s/o Sh. Lal Meena, r/o at
present working as Driver of "Janani Express"
104 Ambulance at PHC Kachola, Tehsil
Mandalgarh, District Bhilwara.
8. Keal Krishan s/o Chunni Lal, r/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Sadargarh, Tehsil Surartgarh,
District Sri Ganganagar.
9. Rakesh Kumar Meena s/o Ramhet Meena, r/o at
present working as Driver of "Janani Express"
104 Ambulance at CHC Vajipur, District
Sawimodhopur.
10.Javed Khan s/o Kabir, r/o at present working as
Driver of "Janani Express" 104 Ambulance at
CHC Vajipur, District Sawaimadhopur.
11.Bhani Ram s/o Muktyar Singh, r/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Anoopgarh, District Sri
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Ganganagar.
12.Lal Ji Meena s/o Phool Singh Meena, r/o at
present working as Driver of "Janani Express"
104 Ambulance at CHC Hadoti, Tehsil Sapotra,
District Karoli.
13.Omprakash s/o Ramchandra, r/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Hadoti, Tehsil Sapotra,
District Karoli.
14.Dharmraj Meena s/o Sh. Jagmohan Meena, r/o
at present working as Driver of "Janani Express"
104 Ambulance at CHC Hadoti, Tehsil Sapotra,
District Karoli.
15.Sharwan Singh s/o Kalyan Singh, r/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Jaimalsar, District Bikaner.
16.Bhagwat Singh s/o Sh. Prem Singh, r/o at
present working as Driver of "Janani Express"
104 Ambulance at CHC Badi Sadri Block Badi
Sadri, District Chittorgarh.
17.Mohd. Hanif s/o Shafi Mohd. r/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Banshi, Block Badi Sadri,
District Chittorgarh.
18.Vinod Kumar Ahari s/o Dalpat Singh Ahari, r/o at
present working as Driver of "Janani Express"
104 Ambulance at CHC Pahada, Block Kherwada,
District Udaipur.
19.Suresh Kumar s/o Sh. Rata Ram, r/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Rohida, District Sirohi.
20.Prabhu Ram s/o Sh. Kalu Ram, r/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Pindwara, District Sirohi.
21.Sohan Lal s/o Sh. Surta Ram, r/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Lathi, District Jaisalmer.
22.Nirbhay Singh s/o Sh. Udai Singh Rathore, r/o at
present working as Driver of "Janani Express"
104 Ambulance at CHC Galiyakot, District
Dungarpur.
23.Aszar Khan s/o Dildar Khan, r/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Galiyakot, District Dungarpur.
24.Harishchandra Singh s/o Laxman Singh, r/o at
present working as Driver of "Janani Express"
104 Ambulance at CHC Galiyakot, District
Dungarpur.
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25.Rajendra Kumar s/o Laxmi Lal Sharma, r/o at
present working as Driver of "Janani Express"
104 Ambulance at CHC Bagor, District Bhilwara.
26.Mukesh Kumar Pareek s/o Sh. Rameshwar Lal
Pareek, r/o at present working as Driver of
"Janani Express" 104 Ambulance at CHC Bagor,
District Bhilwara.
27.Rahul Saraswat s/o Gopal Saraswat, r/o at
present working as Driver of "Janani Express"
104 Ambulance at CHC Mangal, District Bhilwara.
28.Suresh Kumar s/o Sh. Mala Ram, r/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Chanar, District Sirohi.
29.Umar Mohammad s/o Sh. Farid Mohammad, r/o
at present working as Driver of "Janani Express"
104 Ambulance at CHC Koshithal, District
Bhilwara.
30.Bheru Lal s/o Shobha Ram Jeengar, r/o at
present working as Driver of "Janani Express"
104 Ambulance at PHC Hurda, District Bhilwara.
31.Ashish s/o Sh. Sanwarmal Gurjar, r/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Chidwa, District Jhunjunu.
32.Daya Ram s/o Sh. Narayan Ram, r/o at present
working as Driver of "Janani Express" 104
Ambulance at CHC Chidwa, District Jhunjunu.
33.Surendra Singh s/o Amar Singh Ram, r/o at
present working as Driver of "Janani Express"
104 Ambulance at PHC Sultana, District
Jhunjunu.
34.Yogendra s/o Sh. Ram Kumar, r/o at present
working as Driver of "Janani Express" 104
Ambulance at PHC Sultana, District Jhunjunu.
VS
RESPONDENTS:-
1. State of Rajasthan through the Secretary of
Medical and Health Department & Mission Director,
National Rural Health Mission, Govt. of Rajasthan,
Swasthya Bhawan, Tilak Marg, Jaipur.
2. Additional Mission Director National Rural Health
Mission Govt. of Rajasthan, Swasthya Bhawan, Tilak
Marg, Jaipur.
3. Director State Institute of Health and Family
Welfare Rajasthan, Jhalana Institutional Area, Jaipur.
4. Chief Medial and Health Officer, Sri Ganganagar.
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5. Chief Medial and Health Officer, Chittorgarh
6. Chief Medial and Health Officer, Bhilwara
7. Chief Medial and Health Officer, Bikaner
8. Chief Medial and Health Officer, Sawai Madhopur
9. Chief Medial and Health Officer, Karoli
10. Chief Medial and Health Officer, Sirohi
11. Chief Medial and Health Officer, Udaipur
12. Chief Medial and Health Officer, Jhunjunu
13. Chief Medial and Health Officer, Jaisalmer
14, Chief Medial and Health Officer, Dungarpur
Date of Order : 03.10.2016
HON'BLE MS. NIRMALJIT KAUR,J.
Mr. Shreekant Verma, for the petitioners
Mr. Kuldeep Mathur, for the respondents.
ORDER
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Learned counsel for the parties agreed that the matter is squarely covered by the ratio of the judgment rendered in the case of Bahadur Singh & Ors. V/s State of Rajasthan & Ors., S.B. Civil Writ Petition No. 9776/2016 decided on 14.09.2016.
The said writ petition was disposed of with the consent of the parties as under:
5"(1) The respondent GVK EMRI has agreed to reconsider case of the petitioners for their continuance/re-engagement as Driver of 104-
Janani Express and base ambulance by modifying their policy, which would be as under :
(i) the maximum age to continue or reengagement of the petitioners would be upto 50 years other than of ex-service personnel. For ex-service personnel, it would be 55 years. It would be subject to their medical conditions to run the vehicles under integrated ambulance services. In case, any of the petitioners is eliminated on the ground of health, it would be by a speaking and reasoned order.
(ii) the qualification for re- CWP -
9776/2016 ALONG WITH OTHER WRIT PETITIONS 79 engagement/continuance of Driver under Integrated Ambulance Services would preferably be Class X, however, GVK EMRI has agreed to consider it upto Class VIII for the petitioners and, accordingly, if any of the petitioners is having qualification upto Class VIII, would also be considered for re-engagement/ continuance of service.
(iii) The petitioners would be required to possess license to run light transport vehicle and, if any of them are not presently in possession of aforesaid license then would possess it within three months from the date of offer of reengagement/continuance of their services.
(iv) the petitioners would be required to undergo eight days training in Telangana. They would be having option to pay Rs.350/- per day for boarding and lodging facility and, in case, they are not inclined to pay it then would arrange for boarding and lodging facility at their own.
6(v) a sum of Rs.3000/- towards kit would be paid to the company in two instalments. First instalment would be paid immediately CWP - 9776/2016 ALONG WITH OTHER WRIT PETITIONS 80 on reporting for the training or before completion of training and subsequent instalment would be paid after a month of appointment/re-engagement. The kit would be provided after translating it in Hindi language.
(vi) it is agreed by the parties that each of the petitioners, so covered by the above conditions, would report to GVK EMRI by 26th September, 2016 so that they may be sent for onward training."
In view of the agreed position, the present petition is also disposed of in the same terms. It is however, clarified that the petitioner so covered by the above condition shall now report to GVK Emergency Management and Research Institute, Hyderabad ( for short "GVK EMRI") by 17.10.2016 so that they are sent for onward training.
Disposed of in the above terms.
(NIRMALJIT KAUR ),J.
arvind k/JrPA