Rajasthan High Court - Jodhpur
The State Head, Gvk-Emri,Jhalana ... vs Rajasthan Ambulance Employees Union on 20 February, 2019
Bench: Sangeet Lodha, Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 1775/2018
The State Head, GVK-EMRI, Jhalana Dungri, Jaipur
----Appellant
Versus
1. Rajasthan Ambulance Employees Union, (Registration No.
Rtu/15/2017) Through its Treasurer Kailash Chandra
Sharma S/o Shri Bherulal Sharma, Village Kherda Bujurj,
Newai, District Tonk.
2. Mahipal Singh S/o Shri Rajendra Singh, Aged About 34
Years, R/o Village Katrathal, District Sikar.
3. Jhabarmal Sewda S/o Shri Bhagwana Ram, Aged About
32 Years, R/o Village Sewda Ki Dhani, Tehsi
Laxmanagarh, District Sikar.
4. Krishan Kumar S/o Shri Vidhyadhar, Aged About 25 Years,
R/o Badapana Bhorki, Tehsil Udaipurwati, District
Jhunjhunu.
5. Ram Karan Mahala S/o Shri Mohan Lal Mahala, Aged
About 32 Years, R/o Village- Post Khuri Badi, Tehsil
Laxmanagarh, District Sikar.
6. The State Of Rajasthan Through The Principal Secretary,
Medical And Health Service (Group-III), Government Of
Rajasthan, Secretariat, Jaipur.
7. The Mission Director, National Health Mission, Medical
Health And Family Welfare Services, Rajasthan, Jaipur.
8. The Project Director, National Health Mission, Medical
Health And Family Welfare Services, Rajasthan, Jaipur.
9. The Additional Director (Administration), Medical And
Health Services, Rajasthan, Tilak Marg, Sawasthya
Bhawan, Jaipur.
----Respondents
For Appellant(s) : Mr. Kuldeep Mathur.
For Respondent(s) : Mr. Mahaveer Bishnoi.
Mr. Manish Vyas, AAG.
(2 of 3) [SAW-1775/2018]
HON'BLE MR. JUSTICE SANGEET LODHA
HON'BLE MR. JUSTICE DINESH MEHTA Order 20/02/2019 This special appeal is directed against the interim order dated 30.08.2018 passed by the learned Single Judge of this Court, which reads as under :
"These matters cannot be taken up due to paucity of time, however, the petitioners have expressed serious anxiety, as the salary is not being paid and frequent transfers are being made and the petitioners are not being permitted to discharge their duties.
The respondents are directed to ensure that the salary is regularly paid and transfers order shall not be effected till next date of hearing except in emergency cases and if such transfer order has to be made then it will be by an speaking order. The petitioner shall be continued to be assigned work till next date.
List on 17.09.2018."
Learned counsel appearing for the appellant submitted that a reply to the writ petition had already been filed on behalf of the appellant before the learned Single Judge wherein, a specific preliminary objection was raised in terms that the appellant herein, a non profit professional organisation operating in the Public Private Partnership (PPP) Mode is not having any deep and pervasive control of the Government of Rajasthan or Government of India, it is not receiving any financial assistance from the Government and therefore, it is not amenable to writ jurisdiction under Article 226 of the Constitution of India, however, without considering the preliminary objection raised, straight away the interim order has been passed as aforesaid. Learned counsel (3 of 3) [SAW-1775/2018] submitted that as a matter of fact, vide order dated 4.2.19 passed by the Jaipur Bench of this court in SB Civil Writ Petition No.629/2016 (Surendra Singh Vs. The Secretary, Department of Medical & Health & Ors.), it is already held that the appellant organisation is not amenable to the writ jurisdiction under Article 226 of the Constitution of India and thus, the writ petition preferred by the respondents pending before the learned Single Judge is liable to be dismissed on this count alone.
On the other hand, counsel appearing for the respondents submitted that appellant organisation discharging public duties, is amenable to writ jurisdiction of this court.
On the facts and in the circumstances of the case, we are of the considered opinion that before passing the interim order as aforesaid, the preliminary objection raised on behalf of the appellant regarding maintainability of the writ petition needs to be gone into by the learned Single Judge moreso when, the Jaipur Bench of this court in Surendra Singh's case (supra) has already held that the appellant herein is not amenable to the writ jurisdiction.
In this view of the matter, the special appeal is allowed. The order impugned dated 30.8.18 passed by the learned Single Judge is set aside.
(DINESH MEHTA),J (SANGEET LODHA),J
33-A.Arora/-
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