Allowed

Rajesh Kumar v. State of Rajasthan and Ors.

Rajasthan HC11 Feb 2016CW/6974/2018

Case brief

AI extract

What is this about?

The High Court allowed the writ petition relying on the judgment in Gayatri Ojha v. State of Raj. & Ors., quashed the impugned order dated 27.02.2018, and directed the payment of outstanding salary within two weeks.

What did the court decide?

The impugned order dated 27.02.2018 was quashed and set-aside, and the petitioner's outstanding salary was directed to be paid within two weeks.

Rajesh Kumar Vs State of Rajasthan and Ors. — Service and Employment | Rajasthan HC (2016)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 6974/2018

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Rajesh Kumar S/o Shri Bhikaram, Resident Of Village/post Pur, Tehsil Sanchore, District Jalore, At Present Posted At Primary Health Centre Panchala, Block Sanchore, District Jalore.

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----Petitioner

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Versus

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State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

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Additional Director Administration, Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

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The Chief Medical And Health Officer, Jalore.

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Primary Health Centre Panchala, Block Sanchore, District Jalore.

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The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Yashpal Khileree. For Respondent(s) : Mr. K.S. Solanki for Mr. Manish Patel.

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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11/02/2019

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Learned counsel for the petitioner submits that the issue raised in the present writ petition is squarely covered by judgment in the case of Gayatri Ojha v. State of Raj. & Ors.: SBCW No.3371/2018 , decided on 02.01.2019.

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In the case of Gayatri Ojha (supra), it was held and directed as under:-

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“Having considered the submissions made by learned counsel for the parties and the fact that identical petition being Omprakash v. State of Rajasthan & Ors. : SBCWP No.3244/2018 , decided on 06.03.2018 relying on the judgment in the case of Samleta (supra) has been allowed, which order has not been questioned by the respondent – Medical & Health Department in any manner, there is no reason to take

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(2 of 2)

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[CW-6974/2018]

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a different view from what has been taken in the case of Omprakash (supra).

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So far as the submissions regarding the fact that initially the petitioners were granted posting at Medical College, Jodhpur is concerned, the said aspect losses its significance once they were accorded posting at PHCs/CHCs and the order impugned has now been passed seeking to post them at Medical College, Pali without seeking the requisite consent of the Panchayati Raj Department as envisaged by the Rules of 2011.

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In view of the above discussion, the writ petitions filed by the petitioners are allowed. The order dated 27.02.2018 qua the petitioners is quashed and set-aside.

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In case, the salary of the petitioners is outstanding, the same shall be paid to them within a period of two weeks from the date a copy of the order is placed before the respondents.

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No order as to costs.”

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In view of the submissions made by learned counsel for the petitioner, which are not opposed by learned counsel for the respondents, the present writ petition filed by the petitioner is also allowed in light of judgment in the case of Gayatri Ojha (supra) with similar directions.

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(ARUN BHANSALI),J

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250-PKS/-

Rajesh Kumar v. State of Rajasthan and Ors.

Case brief

What is this about?

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Rajesh Kumar v. State of Rajasthan and Ors.

Case brief

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