Rajasthan High Court - Jaipur
Firoj Arif vs State Of Raj And Ors on 21 March, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B.Civil Writ Petition No. 18268 / 2016
Firoj Arif S/o Shri Ismail Mohammed, Aged About 40 Years, Chipon
Ka Mohala, Ward No. 12, Village and Post Dei, The. Nenwa, Bundi
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 16807 / 2016
Naresh Kumar Thada S/o Shri Shankar Lal Thada, Aged About 38
Years, 65A-II, Moti Nagar, Gurjar Ki Thadi, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family- Welfare Department,
Tilak Marg, C-scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 17271 / 2016
Krishan Kumar Gupta S/o Shri Sita Ram Gupta, aged about 39
years, R/o 65, Moti Nagar, Gurjar Ki Thadi, Jaipur (Rajasthan).
----Petitioner
Versus
1. State of Rajasthan through Chief Secretary, Government of
(2 of 29)
[ CW-18268/2016]
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18246 / 2016
Arvind Kumar Jain S/o Shri Lalchand Jain, Aged About 40 Years,
50/44, Sector-5, Pratap Nagar, Saganer, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-scheme,jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18247 / 2016
Mohammed Zakir Khan S/o Mohammed Rafique Khan, Aged About
47 Years, Khan Manzil Sayyedo Ka Mhalla, V/p Aligarh, District
Tonk (Raj.)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health,, Government of
Rajasthan, Govt. Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-scheme,jaipur (Rajasthan)
----Respondents
(3 of 29)
[ CW-18268/2016]
Connected With
S.B.Civil Writ Petition No. 18248 / 2016
Jaswanti Yadav W/o Uma Shankar Yadav D/o Shri Muralidhar
Yadav, Aged About 48 Years, D-69, Siwad Area, Paras Marg, Bapu
Nagar, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18249 / 2016
Sayed Imran Ahmed Naqvi S/o Shri Sayed Abdul Gafoor Naqvi,
Aged About 40 Years, Raj Marriage Hall k Pass, Nazar, Bag, Tonk
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-scheme,jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18250 / 2016
Bindu V Joseph W/o James Joseph, Aged About 42 Years, 243,
Himmat Nagar, Gopalpura Mode, Tonk Road, Jaipur (Rajasthan)
----Petitioner
(4 of 29)
[ CW-18268/2016]
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family-welfare Department,
Tilak Marg, C-Scheme, Jaipur
----Respondents
Connected With
S.B.Civil Writ Petition No. 18251 / 2016
Upasana Mala D/o Shri Rajnesh Kumar Mala, Aged About 40 Years,
P.No. 33, Satyendra Colony, Near E.S.I. Hospital, Sodala, Jaipur
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18252 / 2016
Chanda Kumawat W/o Shri Satya Narayan Kumawat, Aged About
47 Years, R/B-52, Vedvila Colony, Ram Nagar, Sodala, Jaipur
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
(5 of 29)
[ CW-18268/2016]
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18253 / 2016
Manju D/o Shri Upendra, Aged About 40 Years, D-31, Janta Nagar,
Rakdi, Sodala, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18254 / 2016
Sushila Kumawat W/o Shri Sitaram Kumawat, Aged About 41
Years, A-298, KarDhani Yojana, Govindpura, Kalwar Road,
Jhotwara, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family-welfare Department,
Tilak Marg, C-Scheme, Jaipur
----Respondents
Connected With
(6 of 29)
[ CW-18268/2016]
S.B.Civil Writ Petition No. 18255 / 2016
Manju Devi D/o Shri Kanhaiyalal, Aged About 43 Years, 23-A, Jain
Colony, Jagatpura, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat,, Jaipur (Rajasthan)
2. Secretary, Department of Medical an Health, Government of
Rajasthan, Government Secretariat,, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family-welfare Department,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18256 / 2016
Priyanka Kaushik D/o Shri Goverdhan Lal Sharma, Aged About 38
Years, 94/166 Vijay Path, Agarwal Farm, Mansarover Jaipur
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family-welfare Department,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18257 / 2016
Meena Sharma D/o Shri Heeralal Sharma, Aged About 43 Years,
E-4-A (57) Kailashpuri Govindpuri (West) Amer Road, Jaipur
(Rajasthan)
----Petitioner
Versus
(7 of 29)
[ CW-18268/2016]
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat,, Jaipur (Rajasthan)
2. Secretary, Department of Medical an Health, Government of
Rajasthan, Government Secretariat,, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family-welfare Department,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18258 / 2016
Mamta Sharma W/o Shri Dinesh Kumar Sharma, Aged About 41
Years, 19, Chandra Nagar, Gopalpura Mod, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family-welfare Department,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18259 / 2016
Rose.P.George D/o Shri K. George, Aged About 45 Years, Plot No.
36, Krishna Vihar Colony, New Sanganer Road, Mansarovar, Jaipur
(rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary,, Government of
Rajasthan, Government Secretariat, Jaipur.(rajasthan)
2. Secretary, Department of Medical and Health,, Government of
Rajasthan, Government Secretariat, Jaipur.(rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
(8 of 29)
[ CW-18268/2016]
Tilak Marg, C-Scheme, Jaipur.(rajasthan).
----Respondents
Connected With
S.B.Civil Writ Petition No. 18260 / 2016
Saramma Chacko W/o Shri K.B. Cherian, Aged About 46 Years,
293, Rajni Vihar, Heerapura, Ajmer Road, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-scheme,jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18262 / 2016
Susant T. Varghese D/o Shri T.M. Varghese, Aged About 44 Years,
B.50 B, Mother Theresa Nagar Malviya Nagar, Gator Road, Jaipur
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,
Tilak Marg, C-scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18263 / 2016
(9 of 29)
[ CW-18268/2016]
Mrs. Patricia Baghwar D/o Mr. Joseph Patrick Lowden, Aged About
41 Years, Plot No. 1030, Rani Sati Nagar, Nirman Nagar, Jaipur
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18264 / 2016
Vandana Sharma D/o Shri Kailash Chandra Sharma, Aged About
38 Years, 18, Chandra Nagar, Gopalpura Bypass, Jaipur
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,
Tilak Marg, C-scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18265 / 2016
Seema Sharma D/o Shri Umesh Chandra Sharma, Aged About 38
Years, 76/320, R.H.B. Colony, Pratap Nagar, Jaipur (Rajasthan)
----Petitioner
Versus
(10 of 29)
[ CW-18268/2016]
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18266 / 2016
Rajani Kumari D/o Shri Ishwar Singh, Aged About 42 Years, 374,
Ganesh Nagar, Main Niwaru Road, Jhotwara, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18267 / 2016
Dhiraj Tiwari S/o Shri Giriraj Prasad Sharma, Aged About 42
Years, Tiwari Sadan, Khadi Bhandar Ke Pass, Chatikna, Karauli
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
(11 of 29)
[ CW-18268/2016]
----Respondents
Connected With
S.B.Civil Writ Petition No. 18290 / 2016
Gayatri Kumawat W/o Prashant Verma D/o Shri Gopal Lal
Kumawat, Aged About 41 Years, Gayatri Medi Centre, Shivdaspura
Stand, Shivdaspura, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18291 / 2016
Bhuwnesh Kumar Gupta S/o Shri Girraj Prasad Gupta, Aged About
40 Years, P62, 63, 63B, Flat Jhanavi Apartment, No. 101, Ganesh
Nagar, Deepak Colony Pratap Nagar, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18292 / 2016
(12 of 29)
[ CW-18268/2016]
Juned Asif S/o Shri Abdul Hameed, Aged About 40 Years, Plot No.
55, Kidwai Nagar, Tonk Phatak, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18293 / 2016
Vijay Kumar Jangir S/o Shri Jagdish Prasad, Aged About 36 Years,
53, Mukhya Gram Mandota, Mandota, Teh. and District Sikar,
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,
Tilak Marg, C-scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18294 / 2016
Kanchan Raghuvanshi D/o Shri Prabhudayal, Aged About 48 Years,
42, Shri Ram Nagar Colony, Malpura Gate, Sanganer, Jaipur
(rajasthan)
----Petitioner
Versus
(13 of 29)
[ CW-18268/2016]
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,
Tilak Marg, C-scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18295 / 2016
Moni Varghese D/o Shri Varghese T.M., Aged About 49 Years,
Moncy Villa, 101-A, Vardhman Nagar, Ajmer Road, Jaipur
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health & Family Welfare Department, Tilak
Marg, C-scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18296 / 2016
Indra Panwar D/o Shri Ramsingh Panwar, Aged About 46 Years,
Plot 05, Sumel House, Ajmer Road, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-scheme, Jaipur (Rajasthan)
(14 of 29)
[ CW-18268/2016]
----Respondents
Connected With
S.B.Civil Writ Petition No. 18307 / 2016
Reni Thankachan D/o Shri Thankachan, Aged About 38 Years,
34C/2, Bahubali Nagar, Jhotwara, Niwaru Road, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18308 / 2016
Aby Baby D/o Shri Baby Varkey, Aged About 36 Years, 1A, Hardev
Colony Opp. Ram Mandir, Tonk Road, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18309 / 2016
Archana Singh D/o Shri Kunj Bihari, Aged About 37 Years, 121/13,
Vijaypath, Agarwal Farm, Jaipur (Rajasthan)
(15 of 29)
[ CW-18268/2016]
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18310 / 2016
Julie Joseph D/o Shri Joseph Chacko, 32, Shri Ram Nagar, B
Kanta, Jhotwara, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18311 / 2016
Jessy Mathew D/o Mr. Mathew, Aged About 38 Years, B-51-A,
Mother Teresa Nagar, Malviya Nagar, Gatore Road, Jaipur
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health,, Government of
(16 of 29)
[ CW-18268/2016]
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18312 / 2016
Anita Mathur W/o Manish Mathur D/o Shri Ramesh Chandra
Mathur, Aged About 36 Years, Plot No. 109, Shripuram Colony,
Gurjar Ki Thadi, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18313 / 2016
Nazar Mohammad S/o Shri Ramzan Mohammad, Aged About 40
Years, Co-operative Bank K Pass, Sadar Bazar, Uniara, Tonk
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
(17 of 29)
[ CW-18268/2016]
Connected With
S.B.Civil Writ Petition No. 18314 / 2016
Sheeja Thampi D/o Shri Thampi Mathew, Aged About 39 Years,
84/103, Mansarover Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18392 / 2016
Jaipal Singh Arya S/o Shri Mahadeo Prasad Arya, Aged About 38
Years, 23A, Jain Colony, Near CBI Phatak, Jagatpura, Jaipur
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18393 / 2016
Hemlata D/o Shri Khachey Singh Jadon, Aged About 40 Years, F-
14, Mahesh Nagar, 80 Feet Road, Jaipur (Rajasthan)
----Petitioner
(18 of 29)
[ CW-18268/2016]
Versus
1. State of Rajasthan Through Chief Secretary,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18394 / 2016
Arvind Kumar Dixit S/o Shri Ramavatar Dixit, Aged About 43
Years, Plot No. 66, Path No. 6, Vijaywadi, Sikar Road, Jaipur
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18395 / 2016
Anitha Kurian D/o Shri Kurian, Aged About 40 Years, 13-A,
Gurujambeshwar Nagar-B, Gandhipath, Vaishali Nagar, Jaipur
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
(19 of 29)
[ CW-18268/2016]
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18396 / 2016
Indira Prajapat W/o Shri Vikas Prajapati, Aged About 40 Years, 6,
Krishana Nagar B, Mahesh Nagar, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18397 / 2016
Sarita Sharma, W/o Shri Manish Sharma D/o Shri Vijay Kumar
Sharma, Aged About 38 Years, 229, Sokiyo Ka Rasta, Kishanpole
Bazar, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
(20 of 29)
[ CW-18268/2016]
S.B.Civil Writ Petition No. 18398 / 2016
Sushila Malhotra D/o Shri Ramjilal Malhotra, Aged About 39 Years,
Plot No. 50, Shakti Nagar, Gopalpura, Baypass Road, Jaipur
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18399 / 2016
Shivram Jat S/o Shri Phoolchand Jat, Aged About 44 Years, 6,
Tulsipura, Kotputali, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health,, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,,
Tilak Marg, C-scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18400 / 2016
Anjana Vyas W/o Manish Gaur D/o Shri Raman Lal Vyas, Aged
About 40 Years, 67, Arjun Nagar South, Gopalpura Bypass Road,
Jaipur
----Petitioner
Versus
(21 of 29)
[ CW-18268/2016]
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18401 / 2016
Shakuntala Sharma W/o Shri Naveen Kumar Jangid D/o
Harinarayan Jangid, Aged About 42 Years, Near Saraswati Public
School, Indira Colony, Dholi Mandi, Chomu, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18402 / 2016
Rincy Thomas D/o Shri A.M. Thomas, Aged About 37 Years,
11/1372, Malviya Nagar, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
(22 of 29)
[ CW-18268/2016]
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18403 / 2016
Mohammed Afaq Naqvi S/o Shri Mohammed Iliyeas Naqvi, Aged
About 39 Years, 102, Amarnath Ki Bagchi, Adresh Nagar, Jaipur
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18404 / 2016
Arvind Kumar Jain S/o Sh. Prem Chand Jain, 57, B Gaytri Nagar-
II, Pinjrapole Gaushala Ke Pass Sanganer, Jaipur
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18405 / 2016
(23 of 29)
[ CW-18268/2016]
Shashi Sharma W/o Shri Vijay Kumar Jangir D/o Harinarayan
Jangid, Aged About 39 Years, Near Sarswati Public School, Indira
Colony, Dholi Mandi, Chomu, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family Welfare Department,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
Connected With
S.B.Civil Writ Petition No. 18495 / 2016
Sushma Sharma D/o Shri Ram Prasad Sharma, Aged About 38
Years, 18, Pushpanjali Colony, Mahesh Nagar, Jaipur (Rajasthan)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of
Rajasthan,, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical Health and Family Welfare Department,,
Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Dharmendra Jain
Mr. Arvind Kumar Arora
For Respondent(s) : Mr. Shyam Arya AAG
_____________________________________________________
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Judgment
21/03/2017
(24 of 29)
[ CW-18268/2016]
By this common order, bunch of fifty-four writ petitions
shall be decided together, as the learned counsel for the parties
are in agreement that on facts and law, all writ petitions are
identical.
For facility, facts are being gathered from S.B. Civil Writ
Petition No. 18268/2016, preferred by Firoj Arif. The petitioner on
17.9.2003, was initially appointed as Nurse Grade-II on urgent
temporary contract basis on a fixed pay.
The learned counsel for the petitioners submitted that
the selection of the petitioner was made after following a regular
process, however, Mr. Shyam Arya, the learned Additional
Advocate General appearing for the respondents has denied this
fact. Be that as it may, it is not denied that the petitioner since
2003, is discharging his duties as Nurse Grade-II. It may be noted
here that some of the writ petitioners were appointed in similar
manner in the year 2000 and till today they are working with the
respondent Rajasthan Government as Nurse Grade-II in the Health
Department.
It is undeniable fact that Director, Medical, Health and
Family Welfare Department on 18.7.2008, issued an
advertisement for recruitment to the post of Rural Nurse Grade-II
under the Rajasthan Rural Medical and Health Subordinate Service
Rules, 2008 (hereinafter called as 'Rules of 2008'). Petitioners to
the bunch of writ petitions applied in pursuance of the
advertisement and were selected on 10.8.2009 as Rural Nurse
Grade-II under the Rules of 2008. They were paid Rs.10,000/- as
(25 of 29)
[ CW-18268/2016]
a fixed salary and as per the terms of the appointment letter, they
have to undergo probation for two years and during the period of
probation, they were to be paid fixed remuneration @ Rs.10,000/-
per month.
After their recruitment in pursuance of the
advertisement issued in the year 2008, petitioners also raised a
claim that their previous service of six years or more rendered as
Nurse Grade-II with the State of Rajasthan be counted towards
their confirmation and superannuation. Thus, in the present writ
petitions, two claims have been raised; firstly, that in view of the
judgment rendered by Division Bench of this Court in the case of
Gopal Kumawat vs. The State of Rajasthan & Ors., D.B. Civil
Writ Petition No. 2963/2007, decided on 29.7.2015, the
petitioners are entitled to be paid regular pay scale during the
period of probation and the act of the respondents to pay fixed
remuneration during the probation period is bad in the eyes of law
and violative of principle of equal work equal pay.
Secondly, it is urged in the writ petitions that after their
due selection in pursuance of the advertisement issued in the year
2008, services rendered by the petitioners earlier, on urgent
temporary contract basis is liable to be counted towards
confirmation, seniority, grant of selection scale and
superannuation benefits.
The learned counsel for the parties are in agreement
that both the claims made in these writ petitions are subject
matter of litigation.
(26 of 29)
[ CW-18268/2016]
So far as first claim is concerned, the learned counsel
for the parties are in agreement that a Division Bench of this
Court in Gopal Kumawat's case (supra) has held that a probationer
during discharge of his services cannot be paid fixed remuneration
and is entitled to regular pay scale. The learned counsel for the
parties are also in agreement that the judgment of Division Bench
of this Court is subject matter of appeal before Supreme Court
and such claim raised by the employees of the State of Rajasthan
is to be adjudicated by the Supreme Court.
The learned counsel for the parties have jointly prayed
that so far the first prayer regarding grant of regular pay scale
during period of probation is concerned, the present writ petitions
be disposed of with the direction that the parties to the lis shall
abide by the decision of the Supreme Court, wherein validity of
the judgment rendered in Gopal Kumawat's case (supra) is
pending.
The joint prayer made by the learned counsel for the
parties is just and appropriate. Therefore, so far first prayer made
by the petitioners that they be paid regular pay scale during the
period of probation is concerned, it is ordered that the parties to
the present bunch of writ petitions shall abide by the outcome of
the judgment to be rendered by the Supreme court in the case of
State of Rajasthan vs. Gopal Kumawat.
So far second claim regarding counting of service
rendered by the petitioners on urgent temporary contract basis
towards confirmation, seniority, grant of selection scale, gratuity
(27 of 29)
[ CW-18268/2016]
and superannuation benefits is concerned, the learned counsel for
the parties are in agreement that a co-ordinate Bench at Principal
Seat at Jodhpur in bunch of three writ petitions, lead case being
Dr. Prem Singh Vs. State of Rajasthan & Ors., S.B. CWP
No.9583/2008, decided on 12.2.2014, has held as under:-
"7. Consequently, these writ petitions are allowed
with a direction to the State Government to grant
the benefit of continuity of service to the petitioners
and the period of service rendered earlier, may be
reckoned from the initial date of appointment for all
purposes since the new 2008 Rules now stand
repealed w.e.f. 03.01.2012 and in the saving clause
of the said Notification, it is clearly provided that the
appointments, orders and anything done under the
said Rules of 2008 shall be deemed to have been
made in the provisions of Rajasthan Medical &
Health Service Rules, 1963.
8. The writ petitions are, accordingly, allowed with
aforesaid observations and directions. No costs. A
copy of this order be sent to the concerned parties
forthwith."
Mr. Shyam Arya, the learned Additional Advocate
General has stated that the judgment rendered in case of Dr. Prem
Singh (supra) is subject matter of appeal in D.B. Civil Special
Appeal (W) No. 532/2016, The State of Rajasthan & Ors.
vs. Dr. Paritosh Ujjwal before a Division Bench at Principal Seat
at Jodhpur. It is contended that in the said appeal, order of the
Single Judge in Dr. Prem Singh's case (supra) has been stayed.
At this juncture, the learned counsel for the petitioners
has contended that he is ready and willing to give undertaking that he shall abide by the outcome of the D.B. Civil Special (28 of 29) [ CW-18268/2016] Appeal (W) No. 532/2016 and therefore, the present writ petitions be disposed of by ordering that the respondents shall be bound to follow the judgment to be rendered in D.B. Civil Special Appeal (W) No. 532/2016 pending before Division Bench at Principal Seat at Jodhpur.
To this prayer made by counsel for the petitioners, the learned counsel for the respondents has no objection.
Consequently, the present bunch of fifty-four writ petitions are disposed of, by issuing following directions:-
a) That the petitioners during the period of probation are entitled to grant of regular pay scale instead of fixed remuneration as held by Division Bench of this court in the case of Gopal Kumawat vs. The State of Rajasthan & Ors., D.B. Civil Writ Petition No. 2963/2007, decided on 29.7.2015, subject to decision of Supreme Court in the pending appeals, wherein validity of judgment rendered in Gopal Kumawat's case (supra) is to be determined.
b) That in case the judgment rendered in the case of Gopal Kumawat's case (supra) is set aside by the Supreme Court, the petitioners shall be dealt by the respondents State in the light of the judgment to be delivered by the Supreme Court, otherwise, the State of Rajasthan shall abide by the mandate of law laid in Gopal Kumawat's case (supra) by the Division Bench of this Court.
c) That so far grant of benefit of previous service rendered by the petitioners on urgent temporary contract basis is concerned, the parties to the lis shall abide by the outcome of D.B. Civil Special (29 of 29) [ CW-18268/2016] Appeal (W) No. 532/2016, The State of Rajasthan & Ors.
vs. Dr. Paritosh Ujjwal, pending before Division Bench at Principal Seat at Jodhpur.
(KANWALJIT SINGH AHLUWALIA)J. Mak/-