STATE OF HARYANA Vs. SUDHIR

JUDGEMENT

(1.) Application for placing on record Annexures A-1 and A-2 and exemption from filing certified copy of the same, is allowed in view of the averments made in the application, duly supported by affidavit of the applicant-respondent. Said documents are taken on record, subject to just exceptions. Office to append the same at appropriate place.

(2.) Challenge in the present letters patent appeal, preferred by the State, is to the judgment of the Learned Single Judge passed in CWP- 4315-2019, dtd. 3/5/2019 and the subsequent order dtd. 16/5/2019 wherein the review application was dismissed along with the application for impleading the Director of Medical Education and Research, Haryana and the application for clarification/modification, filed by the writ petitioner, was allowed. In effect, the Learned Single Judge had initially set aside the order dated 08/9/1/2019 (Annexure P-9) whereby the service rendered by the petitioner in ESI Dispensary, Daultabad, District Gurugram was held not to be counted for the purpose of rural service, rejecting his claim. Similarly, the posting at ESI Dispensary, Rai, which was earlier a rural area, was also held as not liable to be counted for the said purpose and therefore, request made vide representation/legal notice dtd. 18/8/2018 (Annexure P-7) had also been rejected.

(3.) Vide the impugned order, the Learned Single Judge came to the conclusion that on account of not having the infrastructure at the ESI Dispensary, Daultabad, the petitioner had to be posted in Gurugram where patients were being treated from Daultabad and he had requested for transfer to a rural station so that he can fulfill the criteria of the HCMS/HCDS Post-Graduate Policy. While placing reliance upon the judgment in Dr.Narinder Soni Vs. State of Haryana and others 2018 (2) RCR (Civil) 824, it was held that the petitioner could not be denied the benefit and that he could not be allowed to suffer on account of lack of infrastructure which was to be provided by the Labour Department.