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2020 DIGILAW 69 (RAJ)

Premila Patidar v. State of Rajasthan

2020-01-06

DINESH MEHTA

body2020
JUDGMENT 1. The present bunch of writ petitions comprise of the petitioners, who have vied for the post of GNM (TSP Area), ANM (TSP Area) and ANM (Non TSP Area), pursuant to the advertisements dated 18.06.2018 and 30.05.2018. 2. All the petitioners claimed bonus marks on the basis of their experience as GNM/ANM with the State run hospitals on PPP Mode. So far as the question of petitioners entitlement of bonus marks based on experience as GNM/ANM is concerned, the same has already been adjudicated and decided in petitioners favour by this Court in Himmat Parmars case (judgment dated 10.08.2018 rendered in SBCWP No.10080/2018). 3. Admittedly, no appeal against said judgment has been filed and the issue has attained finality that the petitioners having worked in the hospitals run on PPP Mode, are entitled for bonus marks. 4. The petitioners grievance is that though their names have been shown in the select list, yet no appointment orders have been issued by the respondents. 5. Mr. Arora, learned counsel appearing for the respondents, at the outset, submits that the petitioners entitlement is not in dispute, however, appointment orders have not been issued to them as their certificates of experience and bonus marks are yet to be verified by the respondents. 6. It has clearly been asserted in the reply that the respondents are in the process of verifying the experience certificates and the bonus marks awarded to the petitioners; however, the same is taking some time on account of administrative reasons and for want of full cooperation by the agency (private partners). 7. In view of the aforesaid, the present writ petitions are disposed of with the directions to the respondent-State to complete the exercise of verification of petitioners experience and bonus marks latest by 28.02.2020. 8. In case the petitioners entitlement of bonus marks and bonus marks are found correct, the respondents shall issue appointment orders and posting orders to the petitioner(s) forthwith. 9. Needless to observe that if the respondents find that certificates of experience and award of bonus marks to any of the petitioners is not correct, they shall pass speaking order and intimate the same to the concerned petitioner(s). 10. The concerned Chief Medical & Health Officer so also the private partners shall cooperate with the respondent-State in verification of the experience certificates and bonus marks. 11. The stay applications also stand disposed of.