Ritesh Gocher Son Of Shri Nandgopal Gocher v. State Of Rajasthan
2023-02-01
SUDESH BANSAL
body2023
DigiLaw.ai
JUDGMENT : 1. In SBCWP No.19106/2022 application (1/2023) has been filed seeking impleadment as party respondent. 2. For reasons mentioned in the application, the same is allowed. Amended cause title, enclosed with application, is taken on record. 3. In all these writ petition, petitioners have raised common grievance for not issuing the experience certificate in the prescribed format, due to which petitioners are unable to upload their experience certificate while submitting application forms for the respective posts of Nursing officer/pharmacist pursuant to advertisement dated 16.11.2022. 4. The grievance in respect of issuing experience certificate in the prescribed format has been dealt with and decided by the Principal Seat at Jodhpur in case of Lala Ram Vs. State of Rajasthan & ors. in SBCWP No.19677/2022 and other connected writ petitions vide order dated 5.1.2023. The Court has observed thus:- “11. In a bid to ward off inconvenience and hardship to the candidates and in order to expedite and streamline the process of issuing experience certificate, it is deemed expedient and hence ordered that:- (i) Henceforth, the candidates will be required to submit their application forms in two copies, out of which one copy will be returned to the candidate with a receipt with date and seal by the officials of the concerned CMHO. (ii) All the candidates will be required to submit a copy of the experience certificate, issued by the concerned agency/NGO/respective authorities while submitting application for experience certificate. (iii) All the candidates who have applied for issuance of experience certificate by 12.01.2023, will be issued experience certificates in prescribed proforma in accordance with law, as early as possible, latest by 16.01.2023. (iv) The experience certificate will be issued on the basis of experience gained and duties (name of post/job) discharged by the candidates, regardless of their opinion about concerned candidates' entitlement for bonus marks. (v) All the candidates will be permitted to submit their online application form (upto the last date) with the claim of bonus marks, even without uploading the experience certificate. (vi) After the process of submitting online application form is over, the recruiting authority will open the window/website at least for a period of seven days and permit the candidates to amend/modify their application form (if required) and allow the candidates to upload the experience certificate whose certificates will be issued after 16.01.2023.
(vi) After the process of submitting online application form is over, the recruiting authority will open the window/website at least for a period of seven days and permit the candidates to amend/modify their application form (if required) and allow the candidates to upload the experience certificate whose certificates will be issued after 16.01.2023. (vii) Considering the judgments of this Court rendered in the case of Mahipal Lakhera Vs. State of Raj. & Ors. S.B. Civil Writ Petition No.2577/2020 decided on 11.01.2021 and Sanwar Mal Saran & Ors. Vs. State of Rajasthan & Ors.:S.B. Civil Writ Petition No.12080/2018, decided on 28.08.2018, it is directed that the candidates who have worked in 108 Ambulance and Mobile Medical Units will apply for experience certificate with copies of their earlier experience certificates issued in the year 2013/2018. The concerned CMHOs will accordingly verify them and issue experience certificate in the new format, considering the judgments rendered in the cases of Mahipal Lakhera (supra) and Sanwar Mal Saran (supra). (viii) The CMHOs concerned shall confine themselves to issue experience certificate after verifying the facts regarding experience gained on a particular post, without bothering themselves about candidate's eligibility/entitlement for a particular post and/or bonus marks. They will obviously examine the actual work performed by the candidates. 12. Needless to observe that above directions have been issued only for the purpose of issuing the certificates. Mere grant of experience certificate will not confer any right upon the candidates to claim bonus marks. It will be open for the respondents to verify the veracity and entitlement of individual candidates on the basis of the experience gained, nature of work performed and applicable law. 15. Rights of the respondents to reject/refuse experience certificate in appropriate cases shall stand reserved and so shall remain the candidates' rights to take legal recourse.” 5. It is not in dispute that respondents in compliance of aforesaid order dated 5.1.2023 has issued an office order dated 7.1.2023 for issuing experience certificates in prescribed format and the date for issuance/submissions of experience certificate as indicate in the office order dated 7.1.2023 have been rescheduled and extended time to time. Thus, the grievance of petitioners, in respect of not issuing the experience certificate in prescribed format stands satisfied.
Thus, the grievance of petitioners, in respect of not issuing the experience certificate in prescribed format stands satisfied. Learned Additional Advocate General appearing on behalf of respondents states that experience certificates in prescribed format shall be issued, in furtherance to their office order dated 7.1.2023, in respect of any of the person asking for experience certificate, if already has not been issued. 6. Therefore, there is no need to issue any further directions and it is observed that if any of the petitioner(s) is/are aggrieved for non issuance of experience certificate in the prescribed format, his/their case shall be governed by the order dated 5.1.2023 passed in case of Lala Ram (Supra) and respondents would ensure the issuance of experience certificate and such directions will apply for candidates/petitioners who have worked as “Covid Health Assistant” and under “104 Medical Advice Service” as their appointments were accorded to persons having GNM qualification only. 7. It is not in dispute that during period of pandemic Covid-19, the State Government engaged services of GNM on contractual basis in order to increase the strength of man power to serve the people at large and they were given appointment in the name of “Covid Health Assistant”. The candidates who served as “Covid Health Assistant”, during period of pandemic Covid-19, are claiming to award incentive/bonus marks and for which the Government of India has also extended its recommendations in the letter dated 3.5.2021. 8. It has been pointed out that the Government of India, Ministry of Health and Family Welfare, issued a letter dated 3.5.2021 and opined to accord incentives/recognition of services of persons who rendered their services during period of Pandemic Covid-19 related to Covid duties. In para No.17 of this letter, the Central Government made recommendations to all State/UT Governments to consider such persons for giving preference in regular Government appointment. For ready reference Clause 17 of letter dated 3.5.2021 is extracted hereunder: “17. The Central Government recommends to State/UT Governments to consider giving preference in regular Government appointments of Health professionals through the respective Public Service Commission/other recruitment bodies, for those Health Professionals under this special scheme, who complete a minimum of 100 days of Covid related duty.” 9.
For ready reference Clause 17 of letter dated 3.5.2021 is extracted hereunder: “17. The Central Government recommends to State/UT Governments to consider giving preference in regular Government appointments of Health professionals through the respective Public Service Commission/other recruitment bodies, for those Health Professionals under this special scheme, who complete a minimum of 100 days of Covid related duty.” 9. Learned Additional Advocate General appearing on behalf of respondent-State, states at bar that the issue in respect of grant of incentive/bonus marks to persons who rendered duties as “Covid Health Assistant” during pandemic Covid-19, is under consideration before the State Government. Simultaneously, learned Additional Advocate General sought to argue that the services of “Covid Health Assistant” were not undertaken for clinical or alike nurse duties. In this respect, it is suffice to observe that pandemic Covid-19 was a nationwide disaster and in such natural calamity, the State being a welfare State was under obligation to save the life and liberty of the people. The people were scared of their death due to Covid-19 and as a welfare State, the Government of Rajasthan successfully handled this difficult task to serve the mankind at large in all respect. In this process, the State Government have undertaken the services of “Covid Health Assistant”, to strengthen the manpower of Government. It is not in dispute that for the recruitment of “Covid Health Assistant” GNM was the essential qualification and all Covid Health Assistants to whom contractual appointments were accorded by the State Government, possess the requisite qualification of GNM. It was not in hands of such appointed “Covid Health Assistant”, to chose their duties and whatever nature of duties either clinically or in field or in any other manner, were assigned to them, they performed their duties according to their assignments. As such it is not just to deny incentive/bonus marks to them on the pretext of not rendering clinical duties.
As such it is not just to deny incentive/bonus marks to them on the pretext of not rendering clinical duties. However, since the issue in respect of extending any incentive/bonus marks to such “Covid Health Assistant”, more particularly in light of the recommendations of the Government of India in the letter dated 3.5.2021, is pending for consideration and Government of Rajasthan is yet to take its decision, therefore, it is open to the State to consider and decide the issue and it is expected that the Government of Rajasthan being a welfare State, would to consider the issue, taking into consideration all the relevant facts and situation as also keeping in mind the disastrous situation of pandemic Covid-19. Learned Additional Advocate General seeks a period of 30 days time to consider and decide the issue, therefore, this Court deems it just and proper to direct respondents to finally decide the issue of grant of incentives/bonus marks to “Covid Health Assistant” in light of the letter dated 3.5.2021, issued by the Government of India. Let exercise be completed preferably within a period of 30 days from receipt of copy of this order. 10. Nevertheless, the provisional experience certificate shall be issued to such Covid Health Assistants who have rendered their services during pandemic Covid-19 pursuant to the appointment given by the State Government and their claim for bonus marks shall be subject to the decision of the State Government as stated hereinabove. 11. As far as entitlement of petitioner(s) to obtain the bonus marks on the basis of their respective experience certificates, issued pursuant to directions of the Hon’ble Court in case of Lala Ram (Supra) and under interim orders passed by this Court, respondents would decide their entitlement according to the policy and in case any of the petitioner(s) or persons is/are aggrieved for non-grant of bonus marks on the basis of his/her experience certificate(s), he/she/they would be at liberty to raise the issue before this Court, if any cause of action arises in this respect. In these writ petitions the Court has not addressed the issue of entitlement of bonus marks, on the experience certificate(s) ordered to be issued to them. 12. Thus, with aforesaid directions/observations/liberty, all writ petitions stand disposed of. 13. Stay application and other pending application(s), if any, also stand disposed of. 14.
In these writ petitions the Court has not addressed the issue of entitlement of bonus marks, on the experience certificate(s) ordered to be issued to them. 12. Thus, with aforesaid directions/observations/liberty, all writ petitions stand disposed of. 13. Stay application and other pending application(s), if any, also stand disposed of. 14. SBCWP Nos.351/2023, 352/2023, 357/2023, 1132/2023, 19543/2022 and 826/2023 have been detached from this bunch of writ petitions. 15. Copy of this order be placed in each connected matter mentioned in the Schedule appended.