Kranti Rathore vs State Of M.P. And Another

Heard.

This order will govern the disposal of WA Nos.800/14 and 801/14 as it is jointly submitted by counsel for the parties that both these writ appeals involve the same issue on the identical fact situation.

For convenience the facts are noted from WA No.800/2014.

This writ appeal has been filed by the appellant aggrieved with the order of the learned Single Judge dated 16.10.2014 passed in WP No.3719/2013.

The appellant had approached the writ court by filing the above writ petition and challenging the termination order dated 11.3.2013, by which the appellant's contract services as Male Staff Nurse were terminated. The learned Single Judge taking note of the judgment of the Division Bench in WA No.217/2012 (State of M.P. and others Vs. Kuldeep Singh) and also considering the amended rules, has dismissed the petition.

The record reflects that vide notification dated 26.7.2011 the M.P. Public Health & Family Welfare Department (Directorate of Health Services), Class III Staff Nurse Recruitment Rules, 1989 governing the services on the post in question were amended and by virtue of the said amendment only female candidates were eligible for appointment to the post of staff nurse. In the case of Kuldeep Singh (supra) the Division Bench had examined the identical issue and taking note of the amendment, the Division Bench had set aside the judgment of the learned Single Judge, wherein the relief was granted. The Division Bench had found that the order passed by the learned Single Judge was contrary to law as the relevant amended rules were not considered.

Having regard to the aforesaid, we are of the opinion that the order passed by the learned Single Judge under challenge in this writ appeal does not suffer from any error.

Learned counsel for the appellant has raised an additional issue by submitting that the rules have again been amended vide notification dated 27.6.2017, therefore, the case of the appellant needs to be examined afresh in the light of the said amendment.

The amendment in the rules made in 2017 is prospective in nature, therefore, that will have no effect in judging the correctness of the order of termination which was passed on 11.3.2013. Hence, no merit is found in such a submission.

Having regard to the aforesaid, we find no force in these writ appeals, which are accordingly dismissed.

Signed order be kept in the file of WA No.800/14 and a copy thereof be placed in the file of connected WA No.801/14.

C.C. as per rules.