Dismissed

State of Raj and Ors. v. Dr Nidhi Sharma

Rajasthan HC10 Jul 2018SAW/512/2018

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What is this about?

The Division Bench dismissed a special appeal against a Single Judge’s order concerning effective date of service and safeguardss. Relying on the Chandar Prakash Gunawat Division Bench judgment, the Court rejected the appeal, noting delay without condonation and the lack of merit based on established precedent.

What did the court decide?

Special appeal dismissed; compliance of Single Judge’s order to be made within two months.

State of Raj and Ors. Vs Dr Nidhi Sharma — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 512/2018

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

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Secretary, Department Of Medical & Health , Secretariat, Jaipur.

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Director, Department Of Medical Health , Directorate, C- Scheme, Jaipur.

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----Appellants

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Versus

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Dr. Nidhi Sharmam, aged about 36 years, Wife Of Dr. Priyadarshi Sharma, resident Of House No. 1215, Mahaveer Nagar-I, Kota.

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----Respondent

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For Appellant(s) : Mr.SK Gupta, AAG For Respondent(s) : Mr.Pradeep Singh

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HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI

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Judgment

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10/07/2018

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This special appeal is listed in defect side. The application to condone the delay has not been filed though the appeal is barred by 25 days. Apart from the aforesaid, there are other defects, however, we have considered the appeal on merit.

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We find that learned Single Judge has relied and gave direction in reference of the judgment of the Division Bench in the case of Chandar Prakash Gunawat (Dr.) & Anr. Vs. State of Rajasthan & Ors., 2014(2) RLW (Raj.) 1730 , whereby, the judgment of learned Single Judge was upheld.

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In view of the above, we do not find any reason to cause interference in the order passed by learned Single Judge as

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(2 of 2)

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[SAW-512/2018]

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we cannot take a different view than taken by the Division Bench earlier. Learned Single Judge has made it clear that effective date of service would be the date of joining thus all the safeguards have been taken. Hence, the appeal has no merit and otherwise in absence of application under Section 5 of the Limitation Act for condonation delay, it is not maintainable.

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In view of the above, the special appeal is dismissed. The compliance of the order of learned Single Judge be made within a period of two months from the date of receipt of copy of this order.

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(DINESH CHANDRA SOMANI),J

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(M.N. BHANDARI),J

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Preeti/2

State of Raj and Ors. v. Dr Nidhi Sharma

Case brief

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State of Raj and Ors. v. Dr Nidhi Sharma

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