Dharmendra Kumar Solanki & Ors. v. State Of Rajasthan & Ors.

BY THE COURT:

The petitioners were employed with the respondents as Nurse Grade-II on contract basis with a consolidated salary in the year 2007. The appointment initially was for a period of one year and that was extended by separate orders. Under an advertisement dated 18.01.2011, the respondents proceeded with a process of selection to fill up the 8 existing vacancies of Nurse Grade-II on urgent temporary basis in accordance with the Rajasthan Medical and Health Subordinate Service Rules, 1965 (for short, ‘the Rules of 1956’). On availability of 8 selected incumbents, the petitioners (8 in number) were not re-employed on completion of their term of service contract. Being aggrieved by the same this petition for writ is preferred.

The submission of the learned counsel for the petitioners is that no contractual appointee can be substituted by other contractual appointee. It is submitted that the appointments on the post of Nurse Grade-II under the advertisement dated 18.01.2011 are also not regular appointments, therefore, the respondents erred while discontinuing the petitioners.

I do not find any merit in the argument advanced. Under the short term advertisement dated 18.01.2011, the respondents invited applications from the eligible candidates for making appointment to the post of Nurse Grade-II against the existing 8 vacancies in accordance with Rule 27 of the Rules of 1965. The appointments under Rule 27 of the Rules of 1965 are not contractual but on urgent temporary basis. The comparison as desired by the petitioners cannot be made among the urgent temporary appointees and the contractual appointees. The respondents on availability of selected Nurse Grade-II as per Rule 27 of the Rules of 1965 rightly refused to further extend the term of service contract of the petitioners, as such, the writ petition is having no merit.

Hence, dismissed.