Allowed

Sharda Devi D/O Sh. Krishan Lal v. the State of Rajasthan

Rajasthan HC9 Sept 2021CW/496/2020

Case brief

AI extract

What is this about?

This order allowed a writ petition wherein petitioners, though registered with Rajasthan Nursing Council before verification, were denied ANM appointment postulations due to a cutoff date. Following settled law, the High Court directed consideration of eligible candidates and ensured treatment benefits are accorded effectively without temporal degradation.

What did the court decide?

Petitioners to be considered for ANM post as per merit; appointment treated as notional from juniors' merit date; benefits from actual date; exercise within one month.

Sharda Devi D/O Sh. Krishan Lal Vs the… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 496/2020

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Sharda Devi D/o Sh. Krishan Lal, Aged About 28 Years, R/ o Village - Chak-1, Sjm, Tehsil- Anoopgarh, District- Shri Ganga Nagar, Raj.

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Maina Devi D/o Sh. Tulcha Ram, Aged About 29 Years, R/ o Village- Gharsana, Tehsil- Annopgarh, District- Shri Ganga Nagar, Raj.

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----Petitioners

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Versus

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The State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

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The Coordinator, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

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The Director, Rajasthan Health And Family Welfare Institute, Jhalana Institutional Area, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Naveen Dhuwan. For Respondent(s) : Mr. V.B. Sharma, AAG. Mr. Harshal Tholia.

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HON'BLE MR. JUSTICE ARUN BHANSALI Order

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09/09/2021

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The issue involved in the present petition stands covered by the judgment passed by this court in the case of Lalit Kishor Versus State of Rajasthan & Ors.: S.B. Civil Writ Petition No.8908/2020 and other connected matters decided on 23.10.2020.

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The Issue No.H decided in the aforesaid case is as under:-

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“12.3Keeping in view the settled law, the condition laid down in the notifications dated 21.09.2020 and 01.09.2020 is held to be illegal and

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(2 of 2)

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[CW-496/2020]

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unjustified and all the candidates who possess the registration with the Rajasthan Para Medical Council upto the last date of document verification i.e. 14.10.2020 shall be treated as eligible for consideration for appointment and if they have been denied consideration on the ground that they did not possess registration with the Rajasthan Para Medical Council upto30.07.2020 shall be treated as eligible and shall be considered for appointment as per their merit. The writ petitions in this regard stand allowed.”

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The petitioners had applied for registration and the registration was finally issued to them before the date when they submitted their documents for verification. However, the petitioners have not been allowed to be considered for appointment although, they are in merit, on the ground that registration is not available on the last date of submission of application.

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Keeping in view the principles laid down hereinabove, this writ petition is allowed. The petitioners shall now be considered for appointment on the post of ANM as per their merit and as they have already stood registered with Rajasthan Nursing Council before the date when the verification of documents was being conducted. The appointment of the petitioners shall be treated as notional from the date when their juniors in merit were appointed and actual benefits shall be available only from the date of appointment. The exercise shall now be conducted within a period of one month henceforth.

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(ARUN BHANSALI),J

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SUMIT SHARMA /131

Sharda Devi D/O Sh. Krishan Lal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sharda Devi D/O Sh. Krishan Lal v. the State of Rajasthan

Case brief

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What did the court decide?

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