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2010 DIGILAW 1308 (RAJ)

Tej Kanwar v. State of Rajasthan

2010-07-27

VINEET KOTHARI

body2010
JUDGMENT 1. - The present 09 petitioners have approached this Court by way of present writ petition for the following reliefs- "A. by an appropriate writ, order or direction, writ petition filed petitioners may kindly be allowed. B. by an appropriate writ, order or direction impugned action of respondent authorities in treating services of petitioner as terminated after June, 2010 may kindly be quashed and set aside. C. by an appropriate writ, order or direction, respondent authorities may kindly be directed to allow/continue petitioners on the post of Nurse Grade-II. D. Any other relief which this Hon'ble Court may deem fit may kindly be granted in favour of the petitioners. E. Cost of the writ petition may kindly be awarded to the petitioners." 2. The petitioners applied for the appointment on the post of Nurse Gr.Il for which a Notification was issued on 12.11.2009 by the respondent no. 4-Principal and Controller, Dr. S.N. Medical College and Joint Group of Hospitals, Jodhpur for Walk-in-Interview for appointment of such eligible persons against 12 posts on a fixed salary of Rs. 4500/-. The appointment order issued in favour of present petitioners vide Annex. 2 dated 18.11.2009 says that in pursuance of Govt. Sanction No. F14(31) M & H/2/09 dated 10.11.09 of the Dy. Secretary of Govt. Medical & Health (Gr. 2) Deptt. Rajasthan Jaipur & letter No. 1238 dated 11.11.09 of the Addl. Director (Adm.) Directorate of Medical & Health Services Jaipur, and as per recommendations of the Selection Committee the following candidates are hereby appointed on urgent temporary/contract basis on the post of Nurse Gr.ll for prevention of Swine Flu till further orders. 3. The petitioners were accordingly allowed to discharge their duties as per the posting order vide Annex. 3 dated 20.11.2009 and the joined the duties as such. Vide Annex. 5 dated 19.4.2010 those contracted employees, who were recruited through Medical Relief Society on fixed salary of Rs. 4500/-, their period of contract was extended upto 31.5.2010. 4. Apprehending their termination of service after 31.5.2010, the present petitioners filed this writ petition before this Court on 29.6.2010. By an interim order granted by this Court on 5.7.2010, the respondents were directed not to terminate the services of petitioners without leave of this Court. 5. 4500/-, their period of contract was extended upto 31.5.2010. 4. Apprehending their termination of service after 31.5.2010, the present petitioners filed this writ petition before this Court on 29.6.2010. By an interim order granted by this Court on 5.7.2010, the respondents were directed not to terminate the services of petitioners without leave of this Court. 5. On 19.7.2010, learned counsel for the respondents prayed for time to file reply to the writ petition, however, no reply has been filed on behalf of the respondents even by now. Still the matter was heard for final disposal as already directed on 19.7.2010. 6. After hearing the learned counsels, this Court is of the view that petitioners have approached this court wholly on misconceived notion as their appointments are not though Medical Relief Society nor their contract of service was for a fixed period. Annex. 2-appointment order dated 18.11.2009 very clearly says that against the vacant posts they were so appointed on urgent temporary basis on the post of Nurse Gr. II for prevention of Swine Flu till further orders. 7. Admittedly, no order has been passed by the competent authority after the said order dated 18.11.2009 terminating the contract of service of petitioners as yet. Since period of service under the appointment order Annex. 2 was not directed to be for any limited period, the petitioners appear to have unnecessarily approached this Court by way of present writ petition. 8. Annex. 5 order dated 19.4.2010 issued by the State Government only covers the case of those contracted employees including Nurse Gr.ll, Lab Technicians and Radiographers, who were employed through an independent agency, namely, Medical Relief Society. However, since the petitioners were not so appointed, the said order dated 19.4.2010 does not cover the cases of present petitioners. The petitioners appear to have been mislead by a newspaper publication vide Annex. 8 dated 23.6.2010 published in 'Rajasthan Patrika' which talks of the fixed term contract of 72 Nurse Gr.II employees. Since, the appointment order of the petitioners Annex. 2 is very clear in this regard and no order is on record before this Court showing that the services of the petitioners were transferred to the Medical,Relief Society or they were so employed through such Medical Relief Society, the apprehension of petitioners about their threatened termination appears to be unfounded. 9. Consequently, this writ petition is dismissed as premature.Writ Petitions Dismissed as Premature. *******