BHARTI SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. In the present case, the petitioner, who was engaged on contractual basis under the respondent-Government of Jharkhand in the year 2005 as per the appointment letter dated 10.5.2005, Annexure-2 has sought for a direction upon the respondents to regularize her services under the respondent-Government of Jharkhand in terms of the provision of the Regularization Rules of 2011 framed by the respondent-Department of Health, Medical Education, and Family Welfare, Government of Jharkhand. However, admittedly the petitioner has entered into another contractual engagement under the Jharkhand Rural Health Mission Society (in short JRHMS), Namkum, Ranchi oh the post of Specialist Medical Officer (Paediatrician) as per the appointment letter dated 18.1.2011. On names being called from the office of Civil Surgeon, Koderma and other district by the respondent-department of such serving contractual doctors though her name was recommended by the Civil Surgeon, but the petitioner apprehended that her name was not recommended to the Jharkhand Public Service Commission to undertake an exercise of interview etc. for regularization of her services. The reason for her apprehension was, since she had incurred another contractual engagement under the Jharkhand Rural Health Mission Society, Namkum, Ranchi on the post of Specialist Medical Officer (Paediatrician), the respondent would not regularize her services in the general cadre of the Health Department. Therefore, she has approached this Court for a proper direction upon the respondents.

(2.) As per the respondents, the petitioner was required to fulfill the criteria laid down under the Rules of 2011 specially Rule 4 thereof, which prescribed the eligibility criteria for regularization of such contractual doctors. According to the respondents, the petitioner, who was initially under contractual engagement in the general health cadre under the respondent department, has chosen to apply for and appointed under the Jharkhand Rural Health Mission Society, Namkum, Ranchi on the post of Specialist Medical Officer (Paediatrician). It is the case of the respondents that she did not fulfill provision of Rule 4(kha) of the 2011 Rules, which required continuous engagement under contract till the date of regularization under the respondent-Government of Jharkhand apart from minimum 5 years of such contractual engagement. Learned counsel for the respondents has referred to the terms of the original contractual engagement of the petitioner as per the appointment letter dated 10.5.2005, Annexure-2 whereunder she was required to serve in the Primary Health Centre like any other contractual doctors in the concerned district i.e. Koderma in her case. The petitioner has, however, incurred another engagement in a Referral Hospital under NRHM which does not entitle her for such regularization of contractual doctor under the respondent department.

(3.) The petitioner, in response, has stated that the present engagement of the petitioner is also a contractual engagement under the State Government as would evident from the reading of the fresh appointment letter dated 18.1.2011, Annexure-5, which has been issued by the Director Health, Jharkhand Rural Health Mission Society, Namkum, Ranchi. According to the petitioner, the said engagement continues in concerned district where she has submitted her joining to the Civil Surgeon. Therefore, the respondents are not justified in refusing to consider her case for regularization under the 2011 Rules.