Rajasthan High Court - Jodhpur
Heera Lal & Ors vs State & Ors on 25 October, 2016
Author: Arun Bhansali
Bench: Arun Bhansali
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IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
:ORDER:
S.B. CIVIL WRIT PETITION NO.9305/2016
PETITIONERS :
1. Heera lal S/o Amar Lal Age 26 years R/o At present
working as Driver 104 Ambulance "Janani Express"
at PHC, Dhanla, Pali.
2. Keval Ram S/o Pokar Ram R/o At present working
as Driver 104 Ambulance "Janani Express" at CHC,
Marwar Junction, Pali.
3. Om Singh S/o Mukan Singh R/o At present working
as Driver 104 Ambulance "Janani Express" at CHC,
Marwar Junction, Pali.
4. Raju Singh Rawat S/o Banna Singh Rawat R/o At
present working as Driver 104 Ambulance "Janani
Express" at CHC, Sri Nagar, Ajmer.
5. Ramesh Chandra Kahar S/o Suraj mal R/o At
present working as Driver 104 Ambulance "Janani
Express" at CHC, Sri Nagar, Ajmer.
6. Loona Ram Barara S/o Ram Lal Barara R/o At
present working as Driver 104 Ambulance "Janani
Express" at PHC, Saradhana, Ajmer.
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7. Karan Singh Gena S/o Sukhpal Gena R/o At present
working as Driver 104 Ambulance "Janani Express"
at PHC, Saradhana, Ajmer.
8. Radheyshyam Mehar S/o Nagga Ji Mehar R/o At
present working as Driver 104 Ambulance "Janani
Express" at PHC, Unhel, Nageshwar Block Dug,
Jhalawar.
9. Suresh Mali S/o Pramachand R/o At present working
as Driver 104 Ambulance "Janani Express" at CHC,
Dug, Jhalawar.
10. Narayan S/o Goverdhan Bairwa R/o At present
working as Driver 104 Ambulance "Janani Express"
at PHC Mahendra Garh, Bhilwara.
11. Prakash Chandra S/o Balu lal Khatik R/o At present
working as Driver 104 Ambulance "Janani Express"
at PHC Mahendra Garh, Bhilwara.
12. Shabbir Mansuri S/o Nur Mohammad R/o At present
working as Driver 104 Ambulance "Janani Express"
at PHC Mukhumda, Bhilwara.
13. Sharif Mohammad S/o Mir Mohammad R/o At
present working as Driver 104 Ambulance "Janani
Express" at PHC Mukunda, Bhilwara.
VERSUS
3
RESPONDENTS:
1. State of Rajasthan through the Secretary of Medical
and Health Department and Mission Director,
National Rural Health Mission, Government of
Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.
2. Additional Mission Director, National Rural Health
Mission, Government of Rajasthan, Swasthya
Bhawan, Tilak Marg, Jaipur.
3. Director, State Institute of Health and Family
Welfare Rajasthan, Jhalana Institutional Area,
Jaipur.
4. Chief Medical and Health Officer, Pali.
5. Chief Medical and Health Officer, Ajmer.
6. Chief Medical and Health Officer, Jhalawar.
7. Chief Medical and Health Officer, Bhilwara.
8. Chief Medical and Health Officer, Udaipur.
9. Chief Medical and Health Officer, Rajsamand.
10. Chief Medical and Health Officer, Jaisalmer.
11. Additional Chief Medical and Health Officer, Pali.
12. Additional Chief Medical and Health Officer, Ajmer.
13. Additional Chief Medical and Health Officer, Jhalwar.
14. Additional Chief Medical and Health Officer,
Bhilwara.
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15. Additional Chief Medical and Health Officer, Udaipur.
16. Additional Chief Medical and Health Officer,
Rajsamand.
17. Additional Chief Medical and Health Officer,
Jaisalmer.
18. Rajasthan Medical Relief Society, District Pali
Through Secretary District Pali.
19. Rajasthan Medical Relief Society, District Pali
Through Secretary District Ajmer.
20. Rajasthan Medical Relief Society, District Pali
Through Secretary District Jhalawar.
21. Rajasthan Medical Relief Society, District Pali
Through Secretary District Bhilwara.
22. Rajasthan Medical Relief Society, District Pali
Through Secretary District Udaipur.
23. Rajasthan Medical Relief Society, District Pali
Through Secretary District Rajsamand.
24. Rajasthan Medical Relief Society, District Pali
Through Secretary District Jaisalmer.
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Date of Order : 25.10.2016
PRESENT
HON'BLE MR. JUSTICE ARUN BHANSALI
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Mr. S.K. Verma, for the petitioner.
Mr. Anil Bissa, AGC, for the respondent/s.
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BY THE COURT:
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:
"(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 6 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.
(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 04.11.2016 so that they are sent for onward training.
Disposed of in the above terms.
(ARUN BHANSALI), J.
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