2019 NearLaw (BombayHC Nagpur) Online 630
Bombay High Court
JUSTICE Sunil B. Shukre JUSTICE Smt Pushpa V. Ganediwala
Dr Harpreet Kaur d/o Shri Sukhdev Singh Vs. State of Maharashtra & Ors.
Writ Petition No. 2507 of 2019
22nd April 2019
Petitioner Counsel: Shri Akshay M. Sudame
Respondent Counsel: Ms. Harshada Prabhu
Cases Cited :
JUDGEMENT
Sunil B. Shukre, J.1. Heard. Rule. Heard forthwith by consent of parties.2. We have taken on record the affidavit of apology filed by respondent no. 3. The unconditional apology tendered is accepted.3. The Government Resolution dated 31.1.2014 allowed treating of service to be rendered in the Government of India Undertaking as bonded service. In the present case, the petitioner is looking forward to getting a job as Senior Resident with the All India Institute of Medical Sciences, New Delhi. It is not in dispute that AIIMS, New Delhi is a Government of India Undertaking. So, the benefit of the Government Resolution dated 31.1.2014 deserves to be given to the petitioner.4. But, there is a hitch expressed by the respondents. They submit that there is a modification of the Government Resolution dated 31.1.2014 made by the latest Government Resolution dated 12th June 2018. According to them, only those medical services rendered as Registrar, Tutor and Houseman or on contractual basis under the National Health Mission are eligible for being treated as bonded services.5. The interpretation being assigned to the Government Resolution dated 12.6.2018 is, however, incorrect. The Government Resolution dated 12.6.2018 makes no reference whatsoever to the earlier Government Resolution dated 31.1.2014. Besides, when the decision taken vide this Government Resolution is comprehended in the ordinary sense of the term, one would unmistakably find that the medical services mentioned therein stand in addition and not in derogation to the medical services specified in the earlier Government Resolution dated 31.1.2014 to be qualifying as bonded services. Therefore, we find that there is merit in this petition and it deserves to be partly allowed.6. Writ petition is partly allowed in terms of prayer clauses “i” and (IIIA). Necessary certificate including the documents held in custody, if any, be issued/returned to the petitioner by the respondents at the earliest and in any case on or before 24th April 2019 by 05.00 pm. Authenticated copy of this judgment be supplied to both sides.7. Rule is made absolute in the above terms. No costs.
2019 NearLaw (BombayHC Nagpur) Online 630
Bombay High Court
JUSTICE Sunil B. Shukre JUSTICE Smt Pushpa V. Ganediwala
Dr Harpreet Kaur d/o Shri Sukhdev Singh Vs. State of Maharashtra & Ors.
Writ Petition No. 2507 of 2019
22nd April 2019
Petitioner Counsel: Shri Akshay M. Sudame
Respondent Counsel: Ms. Harshada Prabhu
Cases Cited :
JUDGEMENT
Sunil B. Shukre, J.1. Heard. Rule. Heard forthwith by consent of parties.2. We have taken on record the affidavit of apology filed by respondent no. 3. The unconditional apology tendered is accepted.3. The Government Resolution dated 31.1.2014 allowed treating of service to be rendered in the Government of India Undertaking as bonded service. In the present case, the petitioner is looking forward to getting a job as Senior Resident with the All India Institute of Medical Sciences, New Delhi. It is not in dispute that AIIMS, New Delhi is a Government of India Undertaking. So, the benefit of the Government Resolution dated 31.1.2014 deserves to be given to the petitioner.4. But, there is a hitch expressed by the respondents. They submit that there is a modification of the Government Resolution dated 31.1.2014 made by the latest Government Resolution dated 12th June 2018. According to them, only those medical services rendered as Registrar, Tutor and Houseman or on contractual basis under the National Health Mission are eligible for being treated as bonded services.5. The interpretation being assigned to the Government Resolution dated 12.6.2018 is, however, incorrect. The Government Resolution dated 12.6.2018 makes no reference whatsoever to the earlier Government Resolution dated 31.1.2014. Besides, when the decision taken vide this Government Resolution is comprehended in the ordinary sense of the term, one would unmistakably find that the medical services mentioned therein stand in addition and not in derogation to the medical services specified in the earlier Government Resolution dated 31.1.2014 to be qualifying as bonded services. Therefore, we find that there is merit in this petition and it deserves to be partly allowed.6. Writ petition is partly allowed in terms of prayer clauses “i” and (IIIA). Necessary certificate including the documents held in custody, if any, be issued/returned to the petitioner by the respondents at the earliest and in any case on or before 24th April 2019 by 05.00 pm. Authenticated copy of this judgment be supplied to both sides.7. Rule is made absolute in the above terms. No costs.
2019 NearLaw (BombayHC Nagpur) Online 630
Bombay High Court
JUSTICE Sunil B. Shukre JUSTICE Smt Pushpa V. Ganediwala
Dr Harpreet Kaur d/o Shri Sukhdev Singh Vs. State of Maharashtra & Ors.
Writ Petition No. 2507 of 2019
22nd April 2019
Petitioner Counsel: Shri Akshay M. Sudame
Respondent Counsel: Ms. Harshada Prabhu
Cases Cited :
JUDGEMENT
Sunil B. Shukre, J.1. Heard. Rule. Heard forthwith by consent of parties.2. We have taken on record the affidavit of apology filed by respondent no. 3. The unconditional apology tendered is accepted.3. The Government Resolution dated 31.1.2014 allowed treating of service to be rendered in the Government of India Undertaking as bonded service. In the present case, the petitioner is looking forward to getting a job as Senior Resident with the All India Institute of Medical Sciences, New Delhi. It is not in dispute that AIIMS, New Delhi is a Government of India Undertaking. So, the benefit of the Government Resolution dated 31.1.2014 deserves to be given to the petitioner.4. But, there is a hitch expressed by the respondents. They submit that there is a modification of the Government Resolution dated 31.1.2014 made by the latest Government Resolution dated 12th June 2018. According to them, only those medical services rendered as Registrar, Tutor and Houseman or on contractual basis under the National Health Mission are eligible for being treated as bonded services.5. The interpretation being assigned to the Government Resolution dated 12.6.2018 is, however, incorrect. The Government Resolution dated 12.6.2018 makes no reference whatsoever to the earlier Government Resolution dated 31.1.2014. Besides, when the decision taken vide this Government Resolution is comprehended in the ordinary sense of the term, one would unmistakably find that the medical services mentioned therein stand in addition and not in derogation to the medical services specified in the earlier Government Resolution dated 31.1.2014 to be qualifying as bonded services. Therefore, we find that there is merit in this petition and it deserves to be partly allowed.6. Writ petition is partly allowed in terms of prayer clauses “i” and (IIIA). Necessary certificate including the documents held in custody, if any, be issued/returned to the petitioner by the respondents at the earliest and in any case on or before 24th April 2019 by 05.00 pm. Authenticated copy of this judgment be supplied to both sides.7. Rule is made absolute in the above terms. No costs.