Allowed

Premwati Andanr v. State Medical and Health Ors.

Rajasthan HC23 Jul 2018WRW/32/2018

Case brief

AI extract

What is this about?

This review petition was allowed to recall an order dated 6th October 2017 passed on wrong legal grounds. The court found the controversy covered by a Division Bench decision and disposed of the writ petition in terms of that precedent, directing the State to release benefits.

What did the court decide?

Order dated 6.10.2017 recalled; writ petition disposed of in line with Govind Das Charan judgment; State directed to release benefits within six weeks.

Premwati Andanr Vs State Medical and… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Writ Review No. 32/2018

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Premwati W/o Late Shri Babulal , R/o Brahmin Mohalla Sevar, District Bharatpur, Rajasthan

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Babulal Rajput S/o Shri Devilal , R/o Jaghina 4 Thok District Bharatpur, Rajasthan

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----Petitioners

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Versus

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State Of Rajasthan Through The Secretary, Medical And Health Department, Government Of Rajasthan , Secretariat, Jaipur.

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Director Medical And Health Service, Govt. Of Rajasthan , Jaipur

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The Additional Director Admn Medical And Health Services , Rajasthan, Jaipur.

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The Chief Medical Health Officer , Bharatpur, Rajasthan

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----Respondents

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For Petitioner(s) : Mr. Hemant Taylor For Respondent(s) : Mr. Kushal Singh on behalf of Mr. Sanjay Sharma, G.C.

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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23/07/2018

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Instant review application has been instituted on behalf of the writ petitioners wherein their case was disposed off in the backdrop of adjudication by a co-ordinate Bench of this Court, Principal Seat, at Jodhpur, in SBCWP No. 8309/2012 (Dadam Das Vaishnav Vs. State of Rajasthan & Ors. ), decided on 20^th May, 2013; in view of the statement made by the counsel for the petitioners. However, the controversy raised by the petitioners in

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(2 of 3)

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[WRW-32/2018]

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the writ review application, is covered by the adjudication in the case of Govind Das Charan Vs. State of Rajasthan & Ors.: DB Civil Special Appeal (Writ) No. 1068/2014, decided on 17^th December, 2015.

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Learned counsel for the review writ petitioners submits that it was on account of wrong legal advised and miss-conception that the controversy was stated to be covered by the case of Dadam Das Vaishnav (supra), as was stated by the then counsel for the petitioners, whereupon order under review dated 6^th October, 2017, was made.

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Upon hearing learned counsel for the review writ petitioners and on a perusal of the materials available on record; the error is apparent on the face of the case.

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Accordingly, review petition is hereby allowed and order dated 6^th October, 2017, is recalled.

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Controversy raised by the petitioners in the instant writ application is stated to be covered by the adjudication by the division Bench in the case of Govind Dan Charan (supra).

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Accordingly, instant writ petition is disposed off in terms of order in the case of Govind Dan Charan (supra).

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The State-respondents are directed to do the needful and release the due benefits of the petitioners, as expeditiously as possible, in accordance with law; in case, the controversy is covered by the adjudication in the case of Govind Das Charan (supra). Respondents would do the needful as expeditiously as possible; preferably within six weeks from the date of receipt of the representation along with a certified copy of this order.

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(3 of 3)

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[WRW-32/2018]

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With the observations and directions, as indicated above, the

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review application stands disposed off.

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(VEERENDR SINGH SIRADHANA),J

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M.Meena/114

Premwati Andanr v. State Medical and Health Ors.

Case brief

What is this about?

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Premwati Andanr v. State Medical and Health Ors.

Case brief

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