Asking Nursing Officer With Advanced Stage Pregnancy To Serve 500 Kms Away From Residence Violative Of Her Right To Health: Rajasthan HC

Rajasthan High Court ruled that posting a 30-week pregnant woman 500 Kms away from her residence despite being 100s of vacancies near her home was highly arbitrary and mechanical exercise or non-exercise of mind that not only violated her right to health but also her right to safe working conditions as well as right to livelihood under Article 21.“State is not only supposed to act as a model employer, but also as a virtuous litigant. Whereas, in the instant case, the approach adopted by the respondents instead is rather obstructive and oppressive in nature and a complete misuse of dominant status as an employer, apart from abuse of power, to say the least.”Terming the actions of the State as lack of sensitivity and against very basic principles of being humane, the bench of Justice Arun Monga directed the State to assign the petitioner an alternative place for posting anywhere in her city and extended her date of joining till a decision was taken in this regard. The Petitioner, who was 30 weeks pregnant, was a successful candidate for the post of Nursing Officer. She had given about 100 preferences for her posting within the Udaipur division, however, she was posted 500 Kms away and that too with a very early joining date. Furthermore, as per her joining letter, her failure to join her duties on the given date was resulting in automatic cancellation of her appointment. Hence, the petition was filed. After hearing the contentions, the Court held that directing the petitioner to join services at such an early date that too 500 Kms away from her resident, in her current state, reflected complete lack of sympathy and compassion and was violative of right to health, right to safe working conditions, and right to livelihood under Article 21.The Court highlighted that there was no indication of the fact that no suitable vacancies were available for her in the Udaipur division, based on her preferences. Hence, it was opined that, “I am of the view that, by imposing such unreasonable conditions that threaten her employment if she is unable to comply due to legitimate personal and medical reasons, it infringes on petitioner's Right to Livelihood enshrined under Article 21 of the Constitution.”Accordingly, the State was directed to reassign her an alternative place of posting within Udaipur and till then the petitioner's joining date was extended. Title: Jyoti Parmar v State Institute of Health and Family Welfare & Ors. Citation: 2025 LiveLaw (Raj) 38Click Here To Read/Download Order

Asking Nursing Officer With Advanced Stage Pregnancy To Serve 500 Kms Away From Residence Violative Of Her Right To Health: Rajasthan HC

Nupur Agrawal

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