Deepak Kumar Rathore @ Deepak Rathore vs. State Of Rajasthan

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ No. 17123/2018

Deepak Kumar Rathore @ Deepak Rathore S/o Shri Heeralal Rathore, Aged About 31 Years, By Caste Sain (Nai), R/o Sadri, Tehsil Desuri, District Pali.

----Petitioner

Versus

• 1. State Of Rajasthan, Through Additional Chief Secretary, Medical And Health Services, Govt. Of Rajasthan, Secretariat, Jaipur.
• 2. Director, Medical And Health Services, Directorate, Swasthya Bhawan, Tilak Marg, Jaipur.
• 3. Additional Director (Administration), Medical And Health Services, Directorate, Swasthya Bhawan, Tilak Marg, Jaipur.
• 4. Office Of Block Chief Health Officer, Sumerpur, Pali.
• 5. Chief Medical Health Officer, Pali (Raj.).
• 6. Maa Vaishno Devi Security Services, Amardeep Complex, Jodhpur.
• 7. Rajasthan Medical Relief Society Community Health Centre, Sadri, District Pali.

----Respondents

For Petitioner(s) : Mr. Bharat Shrimali. Mr. Dashrath Singh Rathore.

For Respondent(s) : Mr. Manish Vyas, AAG.

HON'BLE MR. JUSTICE ARUN BHANSALI Order

10/01/2019

This writ petition has been filed by the petitioner seeking a direction to the respondents to issue appropriate experience certificate to the petitioner and further direction to the respondents to accord appointment to the petitioner on the post of Lab Assistant / Lab Technician pursuant to the advertisement dated 29.5.2018.

It is inter alia indicated in the writ petition that the petitioner has been working under the various schemes with the respondents and as per the requirement of the advertisement, for grant of bonus marks the petitioner sought certificate from the respondents, which certificate was issued by the Chief Medical & Health Officer, Pali ('CMHO') on 27.6.2018 (Annex.6), wherein, the experience of the petitioner has been indicated as 03 years 05 months & 18 days.

It is submitted that the indication of petitioner's experience is contrary to the record, inasmuch as, the Junior Specialist Government Community Health Center, Desuri had issued a certificate for the period 21.10.2013 to 31.5.2015 and had indicated the period as 01 year 07 months & 11 days and another certificate was issued by the Community Health Center, Sadri for the period 1.6.2015 to 31.1.2018 and the period indicated was 02 years & 08 months and, therefore, the certificate issued by the CMHO is contrary to their own record, wherein, he should have been issued a certificate for 4 years 3 months & 11 days.

A reply to the writ petition has been filed by the respondents inter alia indicating that having regard to the record pertaining to the contract agreement, payment made to the petitioner and documents made available by the petitioner / placement agency, the Medical Officer, CHC, Desuri, the certificate has been issued and all the material has been placed on record as Annex.R/1.

The documents filed with the reply as Annex.R/1 contains the same certificates issued by the CHC, Desuri and CHC, Sadri, wherein, the periods indicated are 1 year 7 months & 11 days and 2 years & 8 months, respectively.

Once the respondents themselves in reply to the writ petition have relied on the two certificates issued by the CHC, Desuri and CHC, Sadri, wherein, the total period comes to 4 years 3 months & 11 days, the issuance of the certificate dated 27.6.2018 (Annex.6) by the CMHO indicating the period of experience as 3 years 5 months and 18 days is ex-facie incorrect and the same cannot be sustained.

Consequently, the writ petition filed by the petitioner is allowed. The CMHO, Pali is directed to issue a fresh experience certificate to the petitioner based on the certificates issued by the CHC, Desuri and CHC, Sadri i.e. for a period of 4 years 3 months & 11 days within a period of one week from the date a certified copy of this order is placed before the respondents.

Based on the certificate issued, the petitioner would be entitled to award of appropriate bonus marks and based on the said awarded bonus marks, if the petitioner appears in the merit, he would be entitled to grant of appointment pursuant to the advertisement dated 29.5.2018 with all consequential benefits. However, if granted appointment, the petitioner would be paid the monetary benefits from the date he is granted appointment.

22-Sumit/-