1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.13265/08 Dr. Girraj Prasad Goyal vs. State & Ors. Date of order : 13/7/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri S.P. Sharma for the petitioner. Shri Vibhuti Bhushan Sharma, Addl. Govt. Counsel for the respondents. ****** Heard learned counsel for the parties. The short controversy which is involved in this case is that the petitioner, who was originally working on the post of Medical Officer appointed as such on ad hoc basis, on his regular selection and appointment on the post of Rural Medical Officer vide order dated 24.9.08, was not allowed to join at Community Health Centre at Bonli, Sawaimadhopur. Shri S.P. Sharma, learned counsel for the petitioner has argued that all those Medical Officers who were hither to working on ad hoc basis, were on their selection on recommendation of selection committee appointed on regular basis and all the officers were posted at those very places where they were working. Petitioner was 2 working at Bonli, Sawaimadhopur and therefore he was posted at that very place. The petitioner gave his joining to Senior Medical Officer at Government Community Health Centre on 21.10.08 but the said officer relieved him to report to CMHO, Sawaimadhopur. Petitioner accordingly reported to CMHO on 22.8.2008. He simultaneously made a representation to the Government and the Director, Medical Health Services on 3.11.2008 protesting against the action of the C.M.H.O. and the Senior Medical Officer in not allowing him joining in spite of the government order. The Director by order dated 5.11.2008 instructed CMHO, Samaimadhopur to allow him to join at Bonli on the premise that there are vacant posts of Medical Officers and Junior Specialists Surgery and the petitioner and his wife Dr. Bhavna Bansal were both working there before the regular selection. He should therefore be allowed to join. Even then when the petitioner submitted his joining on 6.11.2008, the Incharge, Community Health Centre, Bonli again directed the petitioner to go to CMHO 3 holding that there was no post of Junior Specialist, Surgery vacant at Bonli at that time. Learned counsel submitted that the petitioner again represented but when nothing was done, he has approached this Court. It is submitted that pursuant to the interim order passed by this Court on 24.11.08, the petitioner is working at Bonli. Shri Vibhuti Bushan Sharma, learned Additional Government Counsel for the respondents opposed the writ petition and submitted that earlier petitioner's posting at Bonli was against the post of Junior Specialist (Surgery) and not against a permanent post and it was only a working arrangement by which he was allowed to draw his salary from the Headquarter at Sawai Madhopur. At the time when petitioner reported on duty, there was no such post vacant and there is also no post of Rural Medical Officer at Bonli. It was thereafter that the matter is reported to CMHO. It is submitted that in absence of any sanctioned post, it is not possible to continue the petitioner at Bonli. 4 Learned counsel for the petitioner has rejoined and submitted that Director, Medical & Health Services again on 18.11.08 has instructed the CMHO to allow the petitioner to continue at Bonli and draw his salary as was being done earlier. Having regard to the facts of the case, I find that the CMHO, Sawaimadhopur has not allowed the petitioner to join on the premise that the petitioner's earlier posting was not against any permanent post but his salary was drawn from the Headquarter at Sawai Madhopur. It was only a working arrangement. Now the Director, Medical and Health Services in this matter has passed the order on 5.11.08 but in this order, it appears that Bhavna Bansal wife of the petitioner was earlier continued at Bonli as Medical Officer and petitioner himself was posted against the post of Junior Specialist, Surgery. The CMHO and Senior Medical Officer are not allowing the petitioner on the premise that there is no post of Junior Specialist, Surgery now vacant at Bonli. It is a matter which should receive consideration of Director, Medical & 5 Health Services who may pass fresh order on examination of these facts. Having regard to the facts of the case, the interim order is continued for a period of six weeks and the Director, Medical & Health Services is directed to examine the matter in the light of the aforesaid facts and pass a fresh order so as to settle the controversy. The petitioner is directed to make a representation to the Director, Medical & Health Services. Since the petitioner cannot be blamed for his non joining and he was also wiling to join at one or the other place as per the instructions issued by the government and thereafter Director, Medical and Health Services, he should be from the date of submission of joining on 22.10.08, be deemed to be continuing in service and be paid all the arrears of the salary, who shall pass a fresh order within six weeks. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. RS/