Vineet Kothari, J. - (1.) THE lawyers are observing strike which is contrary to various Supreme Court decisions. Name of Dr. Nupur Bhati, as the counsel for the petitioners, is shown in the cause list.
(2.) HEARD the petitioners, who are present -in -person. The petitioners have filed this writ petition in this Court on 15.04.2014 claiming that their case is similar and akin to that of S.B. Civil Writ Petition No. 2329/2014 Smt. Nisha Mathur & Ors. Vs. State of Rajasthan & Ors., which writ petition was decided on 28.07.2014 and, therefore, their services are liable to the regularised as ANMs, since they have worked as such for a period of more than 10 years having been appointed in the year 2003.
(3.) THIS Court in the aforesaid case of Smt. Nisha Mathur & Ors. Vs. State of Rajasthan (supra) had held as under: - "21. Thus, both these judgments denied the claim of regularisation to the petitioners and appellants even though they had completed more than 10 years of ad hoc employment mainly because there were no sanctioned posts against which such persons were appointed. In the present case, admittedly and indisputably, the ANMs and Health Workers (Female) were appointed against the duly sanctioned posts. There was neither any irregularity much less illegality in their appointment. The fact remains that they were, though initially appointed for a specific project of RCH which project itself is continuing even now as the learned Additional Advocate General stated that the project RCH is likely to run upto the year 2017 and perhaps beyond that as of now but the petitioners are discharging their duties at par with Nurse Gr. II in Government Hospitals in rural areas in the Primary Health Centres and Community Health Centres. The said posts have neither been abolished nor they were the fixed tenure posts. The abolition of these posts is also not envisaged with the ending of the RCH project itself and as candidly submitted by the learned Additional Advocate General that the different schemes are run by the State for medical and health care of the citizens and residents of the State and the focus and funds can be diverted to other schemes from time to time, since a large number of such schemes in different names and styles are in existence in the State as of now as pointed out by the learned counsels for the petitioners in the additional affidavit filed by the petitioners. In Para -5, they stated that the RCH Scheme cannot be termed as a project and, in fact, multiple sub -programmes run under the Medical and Health Department like Family Planning Programme, Blood Slide Collection, Vaccination, National Programme like Pulse -Polio, School Health Programme, Various Survey, Cattle Death Survey, Sterlization Programme, Eligible Couple Survey, Malaria Survey, Clorinization, Water Sample Collection, Handicap Survey, Assistance in Institutional Deliveries, Works in DOTS, Family Welfare Programmes, Attending Gram Secretariat Meeting, Sputum Collection in Tuberculosis Programme, Attending PHC Meeting, Attending Monthly Block Meeting, and other programmes run by the State Government and Central Government time to time. 23. If such a large number of schemes under the flagship programme of NRHM which is continuing perennially, the respondent State cannot contend that the employment of the present petitioners will be coterminous with the said RCH project or scheme and, therefore, the hanging sword of Damocles' cannot be kept on the head of these petitioners. This Court has already observed above, that the State was bound to determine the vacancies and create more encadred posts for providing the medical health care to its residents and citizens which is a constitutional mandate under Article 21 of the Constitution of India and their failure to do so cannot furnish any basis for exploiting the present petitioners by putting them on a minimal monthly sum and by keeping their employment perennially ad -hoc on renewable contract basis. 24. Therefore, not only the weight of legal precedents is in favour of the petitioners but the facts of the case also clearly speak volumes that the claim of the petitioners for regularisation against such sanctioned posts of ANMs/Health Workers (Female) is justified and deserves to be allowed. They are also entitled to the grant of regular pay -scale of ANM/Nurse Grade II. The writ petitions thus deserve acceptance by this Court. 25. The writ petitions are, accordingly, allowed. No order as to costs. The respondents are directed to regularise the services of all the present petitioners as ANMs/Health Workers (Female) within a period of three months from today and give them the regular pay -scale with prospective effect immediately. Petitioners shall, however, be not entitled for arrears on this account. The same relief will extend even to all such other similarly situated ANMs without any need for them to approach this Court as that would unnecessarily flood the dockets of this Court and will consume the time and money of such lowly paid employees. The respondents will extend same benefit to all similarly situated persons viz. ANMs without requiring them to obtain separate Court's order in individual cases, as this judgment has to be treated as a judgment -in -rem for all such ANMs who have completed more than 10 years of uninterrupted service by now.";