Dismissed

Dr. Usha Gupta Wife of Dr. Dilip Kumar Agrawal v. the State of Rajasthan

Rajasthan HC23 Mar 2021CW/1804/2021

Case brief

AI extract

What is this about?

High Court at Jaipur dismissed a writ petition. The court vacated an interim stay on a transfer order, holding the transfer to an ESI Dispensary legal as it does not fall under Panchayat service rules, and noted the petitioner held a regular promotion.

What did the court decide?

Stay on transfer order dated 31.12.2020 vacated; respondents directed to permit work and petitioner to join post.

Dr. Usha Gupta Wife of Dr. Dilip Kumar… — Pension and Retirement Benefits | Rajasthan HC (2021)

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(1 of 2)

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[CW-1804/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1804/2021

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Dr. Usha Gupta Wife Of Dr. Dilip Kumar Agrawal, Aged About 52 Years, 106/79, Vijay Path, Mansarovar, Jaipur.

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----Petitioner

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Versus

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

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The Secretary, Department Of Labour, Secretariat, Jaipur.

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The Director, Medical And Health Services, Swasthya Bhawan, Jaipur.

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The Deputy Secretary, Department Of Medical And Health (Group-2) And Panchayati Raj (Medical), Government Secretariat, Jaipur.

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Dr. Savita Jorwal, Medical Officer, Presently Posted As Medical Officer At Primary Health Centre, Aluda, District Dausa.

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----Respondents

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For Petitioner(s) : Mr. Namonarayan Sharma with Mr. Anshul Zhakhar, Ms. Neelu Sharma For Respondent(s) : Mr. Pawan Sharma for Mr. Ashok Bansal

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order

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23/03/2021

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Matter comes up on application for vacation of stay.

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Learned counsel for the respondent No.5 submits that the wrong facts were mentioned by the petitioner, and therefore, this Court granted an interim order in favour of the petitioner.

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Learned counsel submits that the applicant is not a simple Medical Officer but has already been promoted from 01.04.2017 as Senior Medical Officer/Junior Specialist and is drawing salary also equivalent to that of the petitioner in the same pay scale.

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(2 of 2)

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[CW-1804/2021]

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In view thereof, the transfer order of the applicant to ESI Dispensary No.10, Jaipur was legal and proper.

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Learned counsel therefore submits that the interim order passed by the Court on 15.02.2021 deserves to be vacated.

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Per contra, learned counsel appearing for applicant submits that the promotion awarded to the respondent is under the DSEP Scheme and cannot be said to be a regular promotion.

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Learned counsel further submits that the posting would be in violation of Rule 8(iii) of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011. However, this Court finds that the transfer as covered the Panchayat service would not apply in relation to transfer from ESI Dispensary No.10, Jaipur which does not come within the Panchayat.

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Additionally, this Court also finds that the respondent No.5 applicant is not holding a post of Medical Officer but is already promoted as Senior Medical Officer/Junior Specialist vide order dated 31.10.2017 w.e.f. 01.04.2017 and thus premise on which the interim order was passed is found to be without basis. Accordingly, the order dated 15.02.2021 staying the operation of order dated 31.12.2020 is vacated.

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The respondent No.5 shall be allowed to work at ESI Dispensary No.10, Jaipur while petitioner will have to join at the place of posting as directed in the order dated 31.12.2020.

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In view of the above, nothing further survives in the present writ petition as the petitioner has challenged the order of Tribunal. The writ petition accordingly is dismissed.

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All pending applications also stand dismissed.

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(SANJEEV PRAKASH SHARMA),J

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Pcg/53

Dr. Usha Gupta Wife of Dr. Dilip Kumar Agrawal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dr. Usha Gupta Wife of Dr. Dilip Kumar Agrawal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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