BHAVESH KUMAR JAIN Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2016-7-22
HIGH COURT OF RAJASTHAN
Decided on July 08,2016

Bhavesh Kumar Jain Appellant
VERSUS
State of Rajasthan And Ors.,State Of Rajasthan And Ors Respondents

JUDGEMENT

- (1.) This petition for writ is preferred to challenge the constitutional validity of the proviso to Rule 19 of the Rajasthan Medical and Health Subordinate Service Rules, 1965.
(2.) Learned counsel for the petitioner submits that the respondents, as per the proviso aforesaid, are awarding the bonus marks on the basis of length of experience to the persons working under Government, Chief Minister BPL Jeevan Raksha Kosh, National Rural Health Mission, Medi Care Relief Society, AIDS Control Society, Institutes under Cooperative Department or Sahakari Upbhokta Bhandar, but have not extended the same benefit to the persons working with the Rajasthan Health System Development Project, as such the proviso impugned is discriminatory. Petition Dismissed.
(3.) As per reply to the writ petition, bonus marks have been awarded to the persons, who are having experience of similar work to the post of Nurse Grade-II in different Government projects. The work assigned to the Patient Counsellor in such project, is not at all akin to the work and duties assigned to a Nurse Grade II. As such, under the statute impugned, the project aforesaid has not been included.;


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