Bonli, District Sawai Madhopur) v. State Of Rajasthan, through the Principal Secretary

Judgment

1. State Of Rajasthan, through the Principal Secretary, Medical and Health Department, Government Secretariat, Jaipur

2. The Director (Non-Gazetted), Medical and Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur

3. The Joint Director, Medical And Health Services, Zone Bharatpur, Bharatpur

4. The Chief Medical and Health Officer, Sawai Madhopur, District Sawai Madhopur (Raj.) ----Respondents For Petitioner(s)

: Mr. Tanveer Ahamad For Respondent(s) : Mr. Archit Bohra, AGC with Ms. Sweekriti Sharma Mr. Prakhar Jain Dr. Sanjay Saxena, Joint Director (Non-Gazetted), in person Dr. Ashutosh Garg, Joint Director (Training), in person HON'BLE MR. JUSTICE SUDESH BANSAL Order 04/07/2025

1. When the instant writ petition came up on Board on

02.07.2025, following order was passed:- “1. Prima facie, it appears that pursuant to appointment order dated 24.01.2020, petitioner was allowed to join on the post of Nursing Officer w.e.f. 29.04.2020 and after completion of probation period of two years, she was confirmed w.e.f. 30.04.2022 [2025:RJ-JP:24768] (2 of 5) [CW-3469/2024] vide order dated 11.11.2022. Later on, the Government has withdrawn the order of confirmation dated 11.11.2022 vide order impugned dated 20.02.2024. 2. As per admitted case of respondents, even if appointment of petitioner is treated in furtherance to order dated 18.02.2021, her period of probation of two years stands completed on 17.02.2023, thus, apparently, the impugned order of withdrawal of confirmation of petitioner dated 20.02.2024 is per se illegal, more so when the respondents themselves confirmed the petitioner vide order dated 11.11.2022, which was passed post to the order dated 18.02.2021. 3. 4. supplementary list for dictation of order. ” Counsel for respondent may seek instructions. Let this writ petition be listed on 04.07.2025 in

2. Learned counsel appearing on behalf of respondents, having instructions from the concerned Authorities of the Department of Medical & Health Services including Dr. Sanjay Saxena, Joint Director (Non-Gazetted) and Dr. Ashutosh Garg, Joint Director (Training), who are present in person, states that as per record, the appointment extended in favour of petitioner pursuant to the list dated 24.01.2020 was cancelled/withdrawn and a fresh appointment was issued w.e.f. 18.02.2021.

3. It has been submitted that since petitioner had already joined as Nursing Officer at CMHO, Sawai Madhopur and at that point of time, the State was grappling with the unprecedented situated of pandemic Covid-19, no formalities of resign and rejoining of petitioner on papers was undertaken, rather petitioner was continued to be posted before the CMHO, Sawai Madhopur in furtherance to her fresh appointment, order dated 18.02.2021. The relevant three orders of even date dated 18.02.2021, the order of cancellation of previous appointment of petitioner pursuant to previous merit list dated 24.01.2020, re-appointment of petitioner from the waiting list and the continuation of posting [2025:RJ-JP:24768] (3 of 5) [CW-3469/2024] of petitioner before the CMHO, Sawai Madhopur have been placed on record.

4. Counsel for respondents is fair enough that since petitioner has been permitted to join in the Government Service on the post of Nursing Officer w.e.f. 18.02.2021 afresh, she has completed her probation period of two years on 17.02.2023 and since that date her service deserves to be confirmed as also she is entitled for regular salary and other consequential benefits including seniority and other monetary benefits.

5. In respect of passing of the order of confirmation dated

11.11.2022, counsel for respondents submits that this order has been passed inadvertently, hence, same was withdrawn vide impugned order dated 20.02.2024, however, counsel for respondents states that procedure to confirm the services of petitioner and release of regular salary with arrears w.e.f.

17.02.2023 (after completion of probation period from 18.02.2021 to 17.02.2023) is under process and the order of confirmation as well as to release the arrears of salary and other dues shall be passed earliest possible.

6. Learned counsel for petitioner, although, does not dispute about issuance of three orders of even date dated 18.02.2021, however, in the first phase of argument, emphasized that once the respondents has confirmed the services of petitioner vide order dated 11.11.2022 w.e.f 29.04.2022, if respondents shall confirm services of petitioner with a later date i.e. 17.02.2023, same would result loss of salary to petitioner for the period in between

30.04.2022 to 16.02.2023. [2025:RJ-JP:24768] (4 of 5) [CW-3469/2024]

7. However, counsel for petitioner, having instructions from petitioner and in her better interest makes a submission that in case the respondents-State Authorities are agreeable to confirm services of petitioner w.e.f. 17.02.2023 and to pay the regular salary and other benefits therefrom, petitioner shall not press her prayer to restore confirmation w.e.f. 29.04.2022 as also for regular salary during the period from 30.04.2022 to 16.02.2023.

8. In view of above, submissions of respective counsels and with the consent of counsel for both parties, instant writ petition is disposed of with the following directions:- (i) The impugned order dated 20.02.2024 (Ann-1) withdrawing the order of confirmation of petitioner dated 11.11.2022 is hereby quashed. (ii) Respondents shall issue a fresh order in favour of petitioner confirming her services w.e.f. 17.02.2023, instead of 30.04.2022, taking into consideration the fresh appointment of petitioner on probation w.e.f.

18.02.2021. (iii) Respondents shall pay regular salary and other monetary benefits as also confer the seniority to petitioner w.e.f. date of confirmation of her services from 17.02.2023 onwards. For the previous period, from 29.04.2020 to 16.02.2023 petitioner shall be entitled for a monthly consolidated sum already paid to the petitioner and from 17.02.2023 onwards regular salary shall be payable to petitioner. (iv) If regular salary to petitioner has been released in furtherance to the previous order of confirmation dated

11.11.2022, w.e.f. 30.04.2022, because, petitioner has been held entitled only for the fixed consolidated sum for the period from 29.04.2020 to 16.02.2023, hence, excess payment than the consolidated sum (for period [2025:RJ-JP:24768] (5 of 5) [CW-3469/2024]

30.04.2022 to 16.02.2023), if has been released to petitioner, the differential amount may be adjusted by the respondents, while releasing the arrears of regular salary to petitioner w.e.f. 17.02.2023, onwards. (v) It is made clear that as far as payment of salary of petitioner, in monetary terms is concerned, respondents undertakes to complete the exercise for release of salary of petitioner along with arrears in above terms and if any excess amount has been recovered by the respondents, from the petitioner, same shall certainly be refunded to petitioner forthwith. (vi) In case, this order is complied by the respondents, within a period of 60 days from today, no interest would be payable on the delayed release of salary and arrears, w.e.f. 17.02.2023, however, in case, order is not complied with and if arrears of salary, after adjustment, are not paid within such period, respondents shall liable to pay interest @ 6% per annum on the due amount until actual payment. (vii) No costs. NITIN /237 (SUDESH BANSAL),J