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Judgment
Govind Mathur, J.—An appointment was given to the petitioner as Medical Officer under an order dt. 8.12.2009, passed by the Chief Medical & Health Officer, Udaipur. The appointment so given was purely on temporary basis for a period of six months with a consolidated salary of Rs. 16,800/-. Suffice to mention that the appointment was accorded after holding a process of selection as per short term advertisement dt. 13.11.2009. The purpose of making temporary appointment was to fill-up the existing vacancies and to meet the challenge advanced by ''Swine Flu''. In pursuant to the order dt. 08.12.2009 the petitioner was posted as Medical Officer at Primary Health Centre, Bhanpura (Gogunda), District Udaipur. Vide order dt. 14.03.1991 the Director (Public Health), Medical and Health Services, Government of Rajasthan, Jaipur transferred the petitioner due to administrative reasons from Primary Health Centre, Bhanpura to Primary Health Centre, Sarada in District Udaipur. The Chief Medical & Health Officer, Udaipur while acting upon an order dt. 31.7.2012 issued by the Director (Public Health), Medical and Health Services, Government of Rajasthan, Jaipur dis-continued the petitioner from service and also directed the Medical Health Officer, Community Health Centre, Gogunda to take over charge from the petitioner. Being aggrieved by the same, this petition for writ is preferred.
It is submitted by learned counsel that the appointment of the petitioner was made as Medical Officer on temporary basis for a period of six months, but he was allowed to continue in service for good about three years and now the respondents discontinued him from service without any just and valid reason. It is asserted that the administrative exigency and reasons available while appointing the petitioner and other similarly situated persons are still in currency and no selected hand is available to take charge of the post of Medical Officer of the Primary Health Centre where the petitioner is working.
Per contra, as per the respondents appointment of the petitioner was made purely on temporary basis to meet immediate administrative exigency and that does not create any right to hold the post for indefinite period. It is stated that the State Government has already initiated the process of selection for appointment of regular Medical Officers at Primary Health Centres, therefore, just to have vacant posts termination of the petitioner and other similarly situated persons from service is essential.
Heard learned counsel for the parties.
No doubt that the appointments were given to the petitioner and other similarly situated persons purely on temporary basis with an intention to meet immediate administrative exigency, however, such persons have been allowed to continue in service for a period of about three years. The respondents are desirous to dis-continue petitioner and the persons alike to make room for regularly selected incumbents, who are required to be recruited after completing regular process of selection. The respondents are having no doubt or complaint about the satisfactory working of the petitioner. The petitioner and the other similarly situated persons being working on temporary basis are occupying the post temporarily, therefore, the post occupied by them is required to be treated as vacant one and that can be very well be filled up on availability of regularly selected incumbents by dis-continuing the petitioner from service at that juncture. However, the dis-continuation from service prior to availability of regularly selected incumbents in the present set of facts is not at all desirable. Mere initiation of process cannot be a reason to leave the Health Centre''s without any Doctor. The act of the respondents as a matter of fact is prejudicial to public interest also. Looking to this factual position, the writ petition deserves acceptance. Accordingly, the same is allowed. The respondents are directed to continue the petitioner in service as Medical Officer purely on temporary basis till availability of regularly selected incumbents to fill-up the existing vacancies of Medical Officer. No order as to costs.