SANTOSH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL the aforementioned writ petitions have been filed by an many as 224 petitioners who all are working on the post of Female Health Worker (for short F. H. W.) under Chief Medical and Health Officers of districts Barmer, Jaisalmer, Jalore and Nagaur on payment of consolidated monthly salary. In all these writ petitions the petitioners have prayed for a writ of mandamus directing the respondents to treat their selection and appointment on the post of F. H. W. regular and substantive. In the alternative it has been prayed that the advertisement dated 7th December, 2004 may be set aside and the respondents may be directed to first absorb the petitioners on the post of F. H. W. and thereafter proceed to make recruitment pursuant to advertisement dated 7th December, 2004 and in doing so, the respondents may fill up 50% of the posts from amongst the petitioners and further award 25% bonus marks to the rest of the petitioners against remaining 50% posts. Since common relief has been prayed for in all the writ petitions, arguments in all these cases were heard together and they are being decided by this common judgment. For the purpose of convenience however facts of S. B. C. Writ Petition No. 697/05 are being taken up to form basis for decision of all the writ petitions.

(2.) THE petitioners who are all female candidates have passed the training course of Auxiliary Nurse Midwifery/health Worker (Female ). According to the them, they were required to execute a bond on a non judicial stamp of Rs. 5/- upon completion of their training course undertaking to apply for appointment to the Joint Director, Medical & Health Services of respective zones within one month of declaration of result of their training course and serve the government for a period not less than five years from the date of offer of appointment made by the government. In case of their refusal or failure to serve the government, they were required to repay whatever expenditure was incurred by the government on their training. Vacancies on the post of F. H. W. are required to be determined every year as per Rule 9 of the Rajasthan Medical & Health Subordinate Service Rules, 1965 (for short "the Rules of 1965" ). According to schedule appended to the said rules, source of recruitment for appointment on the post of F. H. W. is 100% by direct recruitment and the qualification for such appointment is VIIIth standard with auxiliary nurse midwifery training/female Health Worker course. Determination of vacancies is made with reference to the post duly sanctioned by the Finance Department of the Government in the cadre strength under the said rules.

(3.) MR. P. P. Choudhary, learned counsel for the petitioners appearing in the fist five writ petitions argued that the petitioners were required to fill up a bond undertaking to serve the respondents if required to do so, far at least a period of five years and in the event of their failure or refusal to do so, they were required to refund entire amount of expenditure incurred by the government on their training. There was therefore an element of compulsion in petitioners applying for appointment on urgent temporary basis on payment of consolidated monthly salary. According to the learned counsel, the conditions contained in their appointment orders such as that the appointment was on contract basis and that this appointment was in the nature of urgent temporary basis for a limited duration and further that the appointees would be entitled to only a consolidated monthly salary were all device employed by the respondents to frustrate the legitimate claim of the petitioners to regular appointment. In spite of these conditions, the fact remains that entire procedure which is required to be followed for making regular recruitment was in fact followed even in the case of appointment of the petitioners. Vacancies were duly determined; appointments were made against duly sanctioned post; vacancies were advertised in newspapers; all eligible candidates were provided opportunity to apply for appointment and compete for the available number posts; the candidates were duly interviewed by a selection committee; they were required to discharge their duties on the post of F. H. W. right from 10 a. m. to 5 p. m. for a minimum period of seven hours per day. They were also required to remain present at the headquarter for 24 hours and were not allowed to leave without prior permission. They were performing all those duties which are required to be performed by a regularly selected candidate. While for the first two years, they were allowed increase on consolidated salary @ 20% every year and from third year onwards they were being allowed an annual increase @ 10%. Learned counsel therefore argued that appointment of the petitioners is liable to be declared as regular appointment.