MUKESH KUMAR KUMAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed with a prayer for grant of bonus/incentive marks to the petitioner including the period from 21/5/2020 to 6/1/2021 (231 days) as the period of service in the rural area.

(2.) The case of the petitioner is that he was first appointed on "Urgent Temporary Basis" as a Medical Officer on 29/4/2020 and was posted at Khajuri, District Bhilwara which is a rural area. Subsequently vide order dtd. 18/5/2020, he was selected and appointed after the regular process of selection and was posted at CHC, Banswara. The said posting was made on temporary basis in terms of the directions issued by the State Government at the relevant point of time. It was the specific direction of the State Government that the new appointees be posted at the places of requirement in terms of the COVID-19 pandemic situation. In terms of those directions, the service of the petitioner was extended at Banswara only from time to time and it was specifically stated that regular posting would be given as and when directed by the State Government. Ultimately vide order dtd. 8/1/2021, the regular posting was granted to the petitioner at Delwara, District Banswara and further he was transferred to PHC Kathoti, District Nagaur vide order dtd. 30/7/2021.

(3.) Learned counsel for the petitioner submitted that the period of 21/5/2020 to 6/1/2021 during which the petitioner served at Banswara was totally because of the directions issued by the State Government and because of the COVID-19 pandemic situation. He submitted that therefore the said period deserves to be deemed to be spent in rural area and consequently, the bonus/incentive marks deserves to be granted to the petitioner. He relied upon the judgment passed by a Coordinate Bench of this Court in S.B. Civil Writ Petition No. 14283/2021; Dr. Jitendra Kumar Sharma v. State of Rajasthan and Ors. wherein it was held as under: