HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 4665/2016

Ashok Godara S/o Shri Mohan Lal ji, aged 29 years, R/o

Bishnoiyan Ki Dhani, Village Banar, District Jodhpur.

----Petitioner

Versus

1. The State of Rajasthan through the Principal Secretary,

Medical and Health Services Department, Government of

Rajasthan, Jaipur.

2. The Additional Director (Administration), Medical and Health

Services, Tilak Marg, Swasthya Bhawan, Rajasthan, Jaipur.

3. The Principal, S.N. Medical College, Jodhpur.

4. The Superintendent, M.D.M. Govt. Hospital, Jodhpur.

5. The Medical Officer In-Charge, Community Health Centre,

Banar, Jodhpur.

6. The General Manager, Jodhpur Sahkari Upbhokta Wholesale

Bhandar Ltd., Jodhpur

----Respondents

For Petitioner(s)

:

Mr. Anmol Saluja, for

Mr. R.S. Saluja

For Respondent(s)

:

Mr. SKM Vyas, GC

Ms. Anamika Bishnoi, GC

Ms. Vandana Bhansali, GC

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

14/09/2022

By way of filing present writ petition, the petitioner has

prayed for following reliefs:

“It is, therefore, most humbly and respectfully prayed

that this writ petition of the petitioners may kindly be

allowed and by an appropriate writ, order or direction:-

(I) That, the decision of the Committee dated

21.12.2015 (Annex.13) and the communication dated

22.12.2015 may kindly be directed to be treated illegal.

(II) That consequent to aforesaid, it may kindly be

directed that petitioner is entitled to salary of the post of

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[CW-4665/2016]

contractual pharmacist from 16.08.2012 till 30.04.2014.

(III) That the petitioners may also kindly be granted

relief in consonance with the facts stated and the

grounds taken in the memo of writ petition.

(IV)Writ petition filed by the petitioners may also kindly

be allowed with costs”

Learned counsel for the petitioner submitted that one Sun

City Service and Pharmacist Welfare Society as per the

requirement of manpower submitted by Jodhpur Sahkari

Upbhoghkta Wholsesale Bhandar Ltd. (hereinafter referred to as

‘Bhandar’) provided petitioner’s services as contractual pharmacist

to it. The Bhandar vide order dated 30.09.2011, thereafter posted

the petitioner at Counter No.18 at MDMH, Banar. The petitioner in

pursuance of aforesaid order discharged his duties with utmost

sincerity and dedication. The salary of the petitioner had been

discontinued from 16.08.2012 however, his services as contractual

pharamicist were utilised at Banar. Whereupon, the petitioner

requested for payment of due salary. The Bhandar acting on the

request of the petitioner, vide letter dated 27.12.2012, requested

the Superintendent, MDM Hospital, Jodhpur to disburse the

amount of due salary to the petitioner. A reminder regarding the

same was issued on 26.06.2013. In the reply to aforesaid letter,

the Superintendent, MDM Hospital, Jodhpur stated that the

services of contractual pharmacists had already been terminated

w.e.f. 13.10.2012 and therefore, the petitioner ought not to have

continued in services. The Secretary, Medicare Relief Society, MDM

Hospital, Jodhpur inquired into the matter as to why the petitioner

continue to discharge duties as contractual pharmacist after

termination order dated 13.10.2012. In the reply thereof, Senior

Medical Officer cum Incharge CHC, Banar vide letter dated

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06.11.2013 informed that letter terminating services of petitioner

was never received by him. While these communications were

being exchanged, the services of the petitioner came to be

terminated as contractual pharmacist vide order dated

30.04.2014. The petitioner requested for payment of his due

salary, consequently, a four member committee was constituted to

examine the matter. The Senior Medical Officer cum Incharge

CHC, Banar appeared before the committee and reiterated that no

order terminating the se