1 SB Civil Writ Petition No.2936/2008 Veer Bala. vs. State of Raj. & Ors. & connected writ petitions. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. JUDGMENT 1. S.B. Civil Writ Petition No.2936/2008 Veer Bala. vs. State of Rajasthan & ors. 2. S.B. Civil Writ Petition No.2942/2008 Surya Kanta Gehlot. vs. State of Raj. & ors. 3. S.B. Civil Writ Petition No.3044/2008 Ramani P.B. vs. State of Rajasthan & ors. 4. S.B. Civil Writ Petition No.3039/2008 Raj Laxmi P.K. vs. State of Rajasthan & ors. 5. S.B. Civil Writ Petition No.3040/2008 Chandrakanta Vaishnav.vs. State of Raj. & ors. 6. S.B. Civil Writ Petition No.3041/2008 Ammukutty V. vs. State of Raj. & ors. 7. S.B. Civil Writ Petition No.3042/2008 Shashi Bala. vs. State of Raj. & ors. 8. S.B. Civil Writ Petition No.3045/2008 Archamma Varghese. vs. State of Raj. & ors. Date : 28.5.2009 HON'BLE MR. PRAKASH TATIA, J. 2 SB Civil Writ Petition No.2936/2008 Veer Bala. vs. State of Raj. & Ors. & connected writ petitions. Mr.Harish Purohit ) for the petitioner. Mr.Pramendra Bohra ) Mr.Y Khileree, for the respondents. - - - - - Heard learned counsel for the parties. All these writ petitions are decided by this common order as they involve common question of law and facts. Brief facts of the case are that the petitioners were appointed as ANM and admittedly there were no promotional avenues of the petitioners so as to get post of Nurse Grade-II. However, the petitioners in their writ petitions submitted that the petitioners since were holding the post of ANM and they were allowed to take training and thereafter, they were assigned the job of Nurse Grade-II, therefore, the petitioners have been promoted on the post of Nurse Grade-II. According to the petitioners, the Secretary of Medical and Health Department himself recommended by communication dated 31.8.2007 (Annex.6 in writ petition no.2942/2008) that these trained ANMs may be provided opportunity to get promotion by making 3 SB Civil Writ Petition No.2936/2008 Veer Bala. vs. State of Raj. & Ors. & connected writ petitions. amendment in the Rules so as to keep 10% posts by way of promotion from trained ANMs to Nurse Grade- II. The said recommendation, as per the petitioners, have not yet been decided by the State so as to reject the proposal and the State Government, however, yet has not decided to make any amendment in the Rules so as to provide promotional opportunities to the petitioners. Learned counsel for the respondents vehemently submitted that the petitioners' contention in the writ petitions was that they have been promoted on the post of Nurse Grade-II is absolutely false claim as post of Nurse Grade-II is 100% direct recruitment post and, therefore, there is no merit in these writ petitions. It is also submitted that most of the petitioners are not having the basic qualifications for the post of Nurse Grade-II and further the work assigned to the petitioners of Nurse Grade-II was only a working arrangement and can be withdrawn by the State at any time and the petitioners have no right to continue over the post in question. It is also submitted that ANM is different job whereas Nurse Grade-II (GNM) is a 4 SB Civil Writ Petition No.2936/2008 Veer Bala. vs. State of Raj. & Ors. & connected writ petitions. specific cadre in the Rules over which appointment can be given by due selection and that too with the recommendation of RPSC in selection process. It will be worthwhile to mention here that as per the State, several employees are not eligible to work as Nurse Grade-II because of lack of their basic qualifications, were also posted as Nurse Grade-II and, therefore, even if any amendment is made in the Rules, then also, those persons who are not having basic qualifications for the post of Nurse Grade-II will not be getting opportunity of promotion to the post of Nurse Grade-II. Learned counsel for the petitioners frankly admitted that in fact, the petitioners, who were working as ANM and have been appointed on the post of Nurse Grade-II by the order of the State Government are not in fact promoted to the post of Nurse Grade-II but since the State itself has incurred expenditure to train the ANM and they have been assigned the work of GNM and, therefore, till regular selected candidates are made available, they may be allowed to work on the post of Nurse Grade-II as that will not cause any 5 SB Civil Writ Petition No.2936/2008 Veer Bala. vs. State of Raj. & Ors. & connected writ petitions. financial burden on the State because the petitioners have been given the work on the post of Nurse Grade-II by specific ordering that they will get salary of ANM which the petitioners have already accepted. It is also submitted that removal of the petitioners by keeping post vacant will not serve any purpose as even after giving appointments to duly selected candidates on the post of Nurse Grade-II/GNM, yet large number of post of Nurse Grade-II are lying vacant on which the petitioners are working. I considered the submissions of learned counsel for the parties and perused the facts of the case. Since, admittedly, all the petitioners are appointed on the post of ANM and admittedly there is no provision for giving promotion on the post of Nurse Grade-II (GNM) from the post of ANM and the post of Nurse Grade-II is a 100% direct recruitment post and no promotion can be given on this post from the post of ANM and, therefore, the claim of the petitioners for the post of Nurse 6 SB Civil Writ Petition No.2936/2008 Veer Bala. vs. State of Raj. & Ors. & connected writ petitions. Grade-II because of fact that they were allowed to take some training by the State cannot confer right upon the petitioners to get promotion on the post of Nurse Grade-II. Even if they have been allowed to work on the post of Nurse Grade-II (GNM) in working arrangement keeping their salary as it is, even then the petitioners cannot claim any right for the promotional post of Nurse Grade- II. Admittedly, in the present case, at present, there is no provision for giving promotion to ANM on the post of Nurse Grade-II. Therefore, the petitioners are not entitled to get any relief in these writ petitions on the basis of above plea. But there is some substance in the submission of learned counsel for the petitioners that there is a proposal forwarded by none less than the Secretary, Medical and Health Department of the Government of Rajasthan as back as on 31.8.2007 recommending for amendment of the Rules providing an opportunity for promotion to the ANM to the extent of 10% on the post of Nurse Grade-II (GNM) and that has not been decided by the State and the petitioners are working for last two years on the 7 SB Civil Writ Petition No.2936/2008 Veer Bala. vs. State of Raj. & Ors. & connected writ petitions. post of Nurse Grade-II, therefore, the respondents may be directed to decide the matter whether the State wants to provide promotion avenues to ANM by amending the Rules and by providing 10% or to any other extent promotional avenues to the ANM, then till then, they may not be discontinued from working on the post of GNM. It is also submitted that duly selected candidates for the post of Nurse Grade-II (GNM) have already been given appointment and the petitioners are not holding any post of duly selected candidates selected on the post of Nurse Grade-II (GNM) and there are several vacant posts of Nurse Grade-II (GNM) on which the petitioners are working. Therefore, it will not cause any financial loss to the State. In view of the above reasons and when the interim orders have been passed by this Court staying the orders sending back the petitioners to the original post of ANM, then if the State Government is directed to decide the matter within a period of three months, that will serve the cause of justice. It is made clear that in case the State decides not to amend the Rules and provide any promotional post to the petitioners, 8 SB Civil Writ Petition No.2936/2008 Veer Bala. vs. State of Raj. & Ors. & connected writ petitions. the petitioners will have to go to their original posts. Furthermore, it is made clear that by virtue of this order only, none of the petitioners who lack basic qualifications for the post of Nurse Grade-II (GNM) shall be entitled to hold the said post even if the Rules are amended providing any avenue for promotion to the post of Nurse Grade-II (GNM) from the post of ANM and the matters will be governed by the Rules if framed by the State Government providing any opportunity to the petitioners. In view of the above reasons, these writ petitions are allowed and the State is directed to consider and decide the recommendations made by the Secretary, Medical and Health Department vide Annex.6 dated 31.8.2007 within a period of three months from today and till then, the petitioners may be allowed to work on the post which they are holding today which may be by virtue of the interim orders in their favour or otherwise. (PRAKASH TATIA), J. S.Phophaliya