Ashwini Punjaji Ingale v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 909 WRIT PETITION NO. 14971 OF 2021 Ashwini d/o Punjaji Ingale, Age- 30 years, Occup- Nurse, R/o: Dhahigav, Tq. Jafrabad, District Jalna.
... PETITIONER
VERSUS
1.
The State of Maharashtra, Through its Secretary, Ministry of Health and Family Welfare.
2.
The State of Maharashtra, Department of Rural Development, Through its Secretary, Mantralaya, Mumbai.
3.
Director of Health Services Saint George Hospital Compound P.D. Mello Road, Mumbai 400 001 4.
The District Health Officer, Zilla Parishad, District : Jalna 5.
The Chief Executive Officer, Zill Parishad, District Jalna ... RESPONDENTS ....
Mr. Pramod A. Kulkarni, Advocate for petitioner Mr. P.S. Deshmukh, AGP for respondent Nos. 1 to 4 ...
CORAM : SMT. SADHANA S. JADHAV & S.G.DIGE, JJ.
DATE : 15.03.2022
ORAL JUDGMENT :
1.
Rule. Rule made returnable forthwith. Heard finally, with consent of the learned counsel for the parties at the admission stage.
2.
The petitioner-herein submits that she has completed her Nursing course in May-2009 duly registered with Maharashtra Nursing Council.
3.
Prayer of the petitioner is as follows: - "(b) By an order of this Hon'ble Court, direct the respondent authorities to regularize the service of the present petitioner as Health Worker/ANMs."
4.
The learned counsel for the petitioner submits that issue in question is decided by this Court (Coram : S.V. Gangapurwala and R.N. Ladda, JJ.) by order dated 24th November, 2021. In the said petition, this Court had given directions for regularization of the posts of similarly situated persons either on the posts on which they were working or under the RCH or any other course considering their services.
5.
Upon perusal, it appears that case of the petitioner falls in the same category. Hence, the petition deserves to be allowed in the following directions:
6.
In the light of the order passed by this Court on 24th November, 2021, we direct the State Government to consider the case of the petitioner for regularization either on the post on which she is working under the RCH or some other post under the State Government considering the length of service. The State Government can also fix the cut off date viz. that the person working for a minimum period of particular years may be considered for regularization. 7.
The State Government may take decision upon the aforesaid aspect i.e. the regularization of the services of the petitioner as discussed above on its own merits, expeditiously and preferably within a period of (06) months from today.
8.
With the aforesaid observations and directions, writ petition is allowed. Rule is made absolute in above terms.
[S.G.DIGE, J.] [SMT. SADHANA S. JADHAV, J.] mtk