The Division Bench disposed of the writ petition by relying on the order in Firoj Arif v. State of Rajasthan, holding that previous service benefits are subject to the pending appeal in Dr. Paritosh Ujjwal case.
Instant writ application disposed off in terms of the order dated 21st March, 2017 in Firoj Arif case, subject to the pending intra-court appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2597 / 2018
Vinod Singh S/o Shri Nabab Singh, Aged About 34 Years, R/o A97, Behind R K Marbal, Agrasen Nagar, District Bharatpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Dharmendra Jain/Mr.A.K. Arora For Respondent(s) : Mr. Sanjeev Singhal, Dy.G.C.
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Order
07/02/2018
Learned counsel for the petitioner, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Division Bench of this Court in the case of Gopal Kumawat v. The State of Rajasthan & Ors.: D.B. Civil Writ Petition Number 2963/2007, decided on 29th July, 2015.
It is further contended that so far as issue of benefit of previous service rendered by the petitioner on urgent temporary contract basis is concerned; the said issue is pending consideration before the Division Bench of this Court, at Principal Seat, Jodhpur, in D.B. Civil Special Appeal (Writ) Number
(2 of 3)
[CW-2597/2018]
532/2016: The State of Rajasthan & Ors. v. Dr. Paritosh Ujjwal.
Further, a Coordinate Bench of this Court in a batch of writ applications lead case being S.B. Civil Writ Petition Number 18268/2016: Firoj Arif v. State of Rajasthan & Ors., decided on 21st March, 2017, observed thus:
“Consequently, the present bunch of fifty-four writ petitions are disposed of, by issuing following directions:-
a) That the petitioners during the period of probation are entitled to grant of regular pay scale instead of fixed remuneration as held by Division Bench of this court in the case of Gopal Kumawat vs. The State of Rajasthan & Ors., D.B. Civil Writ Petition No. 2963/2007, decided on 29.7.2015, subject to decision of Supreme Court in the pending appeals, wherein validity of judgment rendered in Gopal Kumawat’s case (supra) is to be determined.
b) That in case the judgment rendered in the case of Gopal Kumawat’s case (supra) is set aside by the Supreme Court, the petitioners shall be dealt by the respondents State in the light of the judgment to be delivered by the Supreme Court, otherwise, the State of Rajasthan shall abide by the mandate of law laid in Gopal Kumawat’s case (supra) by the Division Bench of this Court.
c) That so far grant of benefit of previous service rendered by the petitioners on urgent temporary contract basis is concerned, the parties to the lis shall abide by the outcome of D.B. Civil Special Appeal (W) No. 532/2016, The State of Rajasthan & Ors. vs. Dr. Paritosh Ujjwal, pending before Division Bench at Principal Seat at Jodhpur.”
Learned counsel further prayed that the instant writ
(3 of 3)
[CW-2597/2018]
application be also disposed of in terms of the order in the case of Firoj Arif (supra).
In view of the statement made; instant writ application stands disposed off in terms of the order dated 21st March, 2017, in the case of Firoj Arif (supra), as extracted herein above.
However, instant adjudication would be subject to the decision of the intra-court appeal i.e. D.B. Civil Special Appeal (Writ) No.532 of 2016: The State of Rajasthan & Ors. v. Dr. Paritosh Ujjwal, pending before a Division Bench, at Principal Seat, Jodhpur.
(VEERENDR SINGH SIRADHANA)J.
SS/204
2 issues framed by the court
Whether instant writ application should be disposed of in light of the previous order in Firoj Arif case regarding probationary period and previous service benefits.
How the adjudication should be treated pending the intra-court appeal in the Dr. Paritosh Ujjwal case.
Colour shows how this judgement treated each authority
Gopal Kumawat v. The State of Rajasthan & Ors.Referred¶14
Gopal Kumawat v. The State of Rajasthan & Ors.: D.B. Civil Writ Petition Number 2963/2007, decided on 29th July, 2015
The State of Rajasthan & Ors. v. Dr. Paritosh UjjwalReferred¶15
D.B. Civil Special Appeal (Writ) Number 532/2016: The State of Rajasthan & Ors. v. Dr. Paritosh Ujjwal
Firoj Arif v. State of Rajasthan & Ors.Followed¶19
S.B. Civil Writ Petition Number 18268/2016: Firoj Arif v. State of Rajasthan & Ors., decided on 21st March, 2017
Vinod Singh S/o Shri Nabab Singh
State of Rajasthan Through Chief Secretary, Government of Rajasthan
Secretary, Department of Medical and Health, Government of Rajasthan
The Director, Medical, Health and Family Welfare Department
Veerendr Singh Siradhana
As recorded by the court registry
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