VISHNU KANT SHARMA Vs. STATE

JUDGEMENT

(1.) THESE writ petitions have been preferred by those whose services were hired by the State as Computers on package basis (man and machine) in Mukhya Mantri Nishulk Dava Yojana as per the guidelines contained in the Government Circulars dated 28.7.2008 and 25.7.2011. The Mukhya Mantri Nishulk Dava Yojana was started in the State of Rajasthan on 2.10.2011, which was implemented through the Rajasthan Medical Services Corporation Ltd., a government company incorporated under the Companies Act, 1956, popularly known as Rajasthan Medical Relief Society (for short -'RMRS'). Petitioners were engaged through placement agencies on different dates and in different districts in the year 2012 and in some cases in 2013. An agreement was entered into between the petitioners and such placement agencies to provide services of the computer along with trained personnel namely; the petitioners to the RMRS for implementation of the said scheme. The Director, Medical and Health Services wrote a letter to all Chief Medical Officers that a Computer Operator with machine has to be engaged through placement agencies, the funds wherefor would be provided by RMRS at the local level. A sum of Rs. 10,000 was provided to each centre to incur the expenses for hiring computer operator with machine and for stationery. Originally the Finance Department of the Government of Rajasthan provided a ceiling of Rs. 6,000 for hiring Computer along with the trained person, which was by circular/order dated 25.7.2011 revised to Rs. 6,500 per month. In the circular of the Government dated 25.7.2011, it was provided that in future Computer along with trained personnel shall be hired through a service providing agency as per the instructions of the Government in Circular dated 17.6.2011. The Government issued guidelines on 3.8.2012 for computerisation of all the drug distribution centres and Sub Stores throughout the State so that pilferage and wastage of the medicines could be curtained and accounts could be properly maintained. Provision of budget was made for hiring services of Computers along with trained operators as also for computer points, UPS, Data Card, Broad Band/inter net connection and the requisite stationery. The Director Medical Health Services Rajasthan, Jaipur on 29.10.2013 conveyed to all Chief Medical Health Officers and Chief Medical Officers of the State the sanction of the Government for extending contract services of 3266 Computer with trained personnel upto 30.11.2013, thereafter 2000 computers with trained personnel upto 31.12.2013 and then 1000 computers with trained personnel upto 31.1.2014. The intention was to reduce number of hired computers with trained personnel in phases and accordingly this was reflected in each of the districts.

(2.) IN the meantime, the Additional Director (Admn.) Medical and Health Services, Rajasthan, Jaipur issued an advertisement on 10.7.2013 for appointment on different posts which also included 4309 posts of Clinical Record Assistant under the Rajasthan Medical Health Services Rules, 1965. According to the petitioners, these posts were originally designated as Data Entry Operators and were created under National Rural Health Mission. Earlier these posts were sought to be filled in on contract basis but the government took a decision to convert them into regular posts by re -designating as Clinical Record Assistants. Some of the petitioners who possessed the eligibility qualification for appointment on such post, applied in response to aforesaid advertisement. However, the said recruitment was embroiled in litigation and could not be finalised.

(3.) ACCORDING to the petitioners, the Informatics Assistants would be recruited by the Information Technology and Communication Department and, thereafter, would be taken on deputation with the Medical and Health Department. Submission made by learned counsel appearing on behalf of petitioners is that post of Computer Operator is a post of permanent nature and the State has only with a view to exploit the unemployed youths not created such post in the scheme in question, whereas there is perennial need for having the post of Computer Operator in each of the drug distribution centres. The posts of Data Entry Operator originally created in NRHM were sought to be filled in on contract basis and that very post has been redesignated as Clinical Record Assistant. Petitioners, therefore, have preferential claim for appointment on such posts, but since regular recruitment on such post will take time, therefore the petitioners ought to be continued in the existing arrangement. It is also argued that the respondents created the post of Informatics Assistants only with a view to depriving the petitioners of their right to continue in service and claim regularisation. When the post of Data Entry Operator has been redesignated as Clinical Record Assistant under the NRHM Scheme, the respondents ought to create the post on Computer Operators in the Mukhya Mantri Nishulk Dava Yojana and Mukhya Mantri Nishulk Janch Yojana under the Rajasthan Medical Health Services Rules, 1965. The action of the respondents in not doing so is discriminatory and arbitrary. The engagement of the petitioners through placement agency is a camouflage. In fact, they are rendering their services directly to the States and their exists master and servant relationship between them.