LAWS(JHAR)-2014-4-10

AMAR NATH PANDEY Vs. STATE OF JHARKHAND

Decided On April 03, 2014
AMAR NATH PANDEY Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned A.G. appearing on behalf of the State, assisted by learned Junior Counsel.

(2.) THE petitioners, in all these writ petitions, are doctors, who were engaged on contractual basis pursuant to a selection exercise conducted in the year 200304 and in the subsequent years by the respondentState.

(3.) ACCORDING to the learned counsel for the petitioners, the State Government has framed a Rule vide notification dated 12th August, 2011, Annexure5 for the purposes of regularization of such contractual Doctors serving under the State Government, which is named as Health Medical Education and Family Welfare Department Medical Cadre Regularisation of Contractual Engagement Rules, 2011. As per them under Rule 4(ga) of 2011 Rules , a provision was made for relaxation of upper age limit in the matter of regularization of such doctors to the extent of number of years that they had served as such under the RespondentGovernment. The common refrain of all these petitioners is that on account of the amendment made in the said Rules in 2012, which is impugned herein, these persons have been refused regularization on the ground that they have crossed the upper age limit as prescribed thereunder. It is submitted that the petitioners have challenged the said amended Rules, inter alia, on the following grounds: