PRADEEP KUMAR DADHICH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this writ petition, while praying for following reliefs:

(2.) The petitioner, who is working on the post of TBHV on contract basis through placement agency i.e. Prayatna Sewa Sansthan, Bhilwara, is claiming parity with the persons working as P.H.C. Asha Supervisor under the Government, National Rural Health Mission and Medicare Relief Society for the purpose of grant of bonus marks in recruitment on the post of P.H.C. Asha Supervisor advertised through advertisement dated 10.07.2013 under the Rajasthan Medical and Health Subordinate Service Rules, 1965 (for short 'the Rules of 1965' hereinafter).

(3.) It is contended by the petitioner that the action of the respondents of including P.H.C. Asha Supervisor in the criterion of giving bonus marks on the basis of length of experience and of excluding TBHV workers from the same benefit is violative of Article 14 of the Constitution because the petitioner, while working as TBHV is discharging similar duties as discharged by the P.H.C. Asha Supervisor. It is also contended that as the respondents have not included the post of TBHV for the purpose of grant of benefit of bonus marks, the petitioner cannot get the benefit of bonus marks on the basis of experience and, therefore, the provisions of Rule 19 of the Rules of 1965 be declared ultra vires. According to the learned counsel, there is no intelligible differentia in treating different the candidates who are working on the post of TBHV from the persons working in other Government schemes such as National Rural Health Mission, Medicare Relief Society etc. It is further contended that since the petitioner, while working as TBHV, is discharging duties similar to the P.H.C. Asha Supervisor, he is entitled for benefit of bonus marks as the persons working as P.H.C. Asha Supervisor are entitled for. Having given anxious consideration to the submissions made and having examined the material placed on record, we are clearly of the view that this writ petition remains bereft of substance and does not merit admission.