OM PRAKASH LATHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AN appointment was given to the petitioner as Medical Officer under an order dated 8.12.2009, passed by the Chief Medical & Health Officer, Udaipur. The appointment so given was purely on temporary basis for a period of six months with a consolidated salary of Rs.16,800/-. Suffice to mention that the appointment was accorded after holding a process of selection as per short term advertisement dated 13.11.2009. The purpose of making temporary appointment was to fill-up the existing vacancies and to meet the challenge advanced by 'Swine Flu'. In pursuant to the order dated 8.12.2009 the petitioner was posted as Medical Officer at Primary Health Centre, Bhanpura (Gogunda), District Udaipur. Vide order dated 14.3.1991 the Director (Public Health), Medical and Health Services, Government of Rajasthan, Jaipur transferred the petitioner due to administrative reasons from Primary Health Centre, Bhanpura to Primary Health Centre, Sarada in District Udaipur.

(2.) THE Chief Medical and Health Officer, Udaipur while acting upon an order dated 31.7.2012 issued by the Director (Public Health), Medical and Health Services, Government of Rajasthan, Jaipur dis-continued the petitioner from service and also directed the Medical Health Officer, Community Health Centre, Gogunda to take over charge from the petitioner. Being aggrieved by the same, this petition for writ is preferred.

(3.) PER contra, as per the respondents appointment of the petitioner was made purely on temporary basis to meet immediate administrative exigency and that does not create any right to hold the post for indefinite period. It is stated that the State Government has already initiated the process of selection for appointment of regular Medical Officers at Primary Health Centres, therefore, just to have vacant posts termination of the petitioner and other similarly situated persons from service is essential.