ASHOK GODARA Vs. STATE

JUDGEMENT

(1.) The contractual employees; Pharmacists, Computer Operators and Helpers working in the Primary Health Centres and Drug Distribution Centres (DDC) under the Chief Minister's Free Medical Aid Scheme are again before this Court in the present batch of writ petitions. Ever under the threat of their contractual period not being extended which is being extended year to year so far for last 3-4 years and they be again rendered unemployed is the result of respondent State taking only tentative decisions of temporary employment of such persons under the various schemes, which employment does not have any guarantee of continued employment and in the absence of any security of employment, these employees always work under the constant threat of being thrown out of their respective jobs and in the background of that anxiety and threat, they seek the protection of the Court again and again and that is what the new phenomenon of service jurisprudence dealt with by the Courts in the present era is !

(2.) The present petitioners are before this Court again on account of their contractual employment not being continued after 30/4/2014 and inter alia contended that since the Chief Minister's Free Medical Aid Scheme has been continued by the new Government which assumed office after the Legislative Assembly Elections in the year 2013, therefore, the requirement of Pharmacists, Computer Operators and Helpers in the Drug Distribution Centres (DDCs) still continues and unless & until the regularly selected and appointed persons against the sanctioned & determined vacancies are made available to man these DDCs, there is no justification in not extending the contractual employment period of these petitioners and they deserve to be continued in such positions.

(3.) Learned counsels for the petitioners led by Mr. R.S.Saluja in Civil Writ Petition No. 3503/2014 Ashok Godara vs. State & ors. & Civil Writ Petition No.3502/2014 Dharmendra Bharti & Ors. vs. State & Ors. contended that the petitioner Ashok Godara was appointed as Pharmacist by the respondent Jodhpur Sahkari Upbhokta Wholesale Bhandar Limited on 30/9/2011 vide Annex.7 and his contractual term was extended from time to time and the earlier writ petition filed by petitioner Ashok Godara, namely SBCWP No. 8849/2011 Ashok Godara vs. State & ors. was disposed of on 7/11/2013 by this Court holding that since the petitioner Ashok Godara had participated in the regular selection process of Pharmacists in pursuance of the Advertisement dated 30/12/2011 inviting applications for 1487 posts of Pharmacists and having failed in the same, therefore, the writ petition filed by him was rendered infructuous and same was dismissed as such on 7/11/2013. However, the petitioner was continued on contractual basis even thereafter. The Director of Medical & Health Department, Jaipur, however, vide communication dated 25/4/2014 (Annex.12) addressed to all the Chief Medical & Health Officers of the State has directed that the Pharmacists, Computer Operators (Machine along with trained personnel) and Helpers employed through Rajasthan Medical Relief Society (RMRS) for the Chief Minister's Free Medical Aid Scheme for 2013-14, their term was finally extended only upto 31/1/2014/Februrary, 2014 respectively and further extention of period was under consideration by the State Government and no extension had yet been received upto the date of the communication dated 25/4/2014 and in pursuance of such communication of the Director, Medical & Health Department, the respondent CMHO directed the concerned different Incharge of the DDCs to immediately terminate the contract of services of petitioners upto 30/4/2014 otherwise for payment of wages and salary for the month of May, 2014, such persons would be personally responsible. Consequently, the Incharge of the Primary Health Centre, Banar terminated the contractual employment w.e.f. 30/4/2014 vide order dated 1/5/2014 (Annex.15) and being aggrieved of the same, the petitioner has approached this Court by way of present writ petition.