Allowed

Vineet Tiwari v. the State of Rajasthan

Rajasthan HC1 Apr 2022SAW/17/2020

Case brief

AI extract

What is this about?

Hearing a Special Appeal against a Single Bench order dispensing a temporary Assistant Professor's services, the Division Bench extended an ad interim stay, allowing the appellant to continue in his post while pursuing regularization in pending proceedings due to the lack of regular faculty.

What did the court decide?

The ad interim stay order permitting continuation on post was made absolute. The appeal was disposed of in terms allowing the appellant to continue service while pursuing regularization.

Vineet Tiwari Vs the State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 17/2020

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Dr. Vineet Tiwari S/o Shri Yogesh Chandra Tiwari, Aged About 40 Years, B/c Brahmin, R/o House No. 3-D/11, Second, Chopasni Housing Board, Jodhpur.

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----Appellant

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Versus

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The State Of Rajasthan, Through The Dy. Secretary, Department Of Medical Education, Government Of Rajasthan, Jaipur.

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The Director, Directorate Of Medical Education, Rajasthan, Jaipur.

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The Principal And Controller, Dr. Sampurnanand Medical College And Controller, Associated Group Of Hospitals, Jaipur.

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----Respondents

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For Appellant(s)	: Mr. Anand Purohit, Sr. Advocate with Mr. Mayank Roy.
For Respondent(s)	: Mr. Manish Kumar Vyas, AAG.

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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01/04/2022

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The instant Special Appeal (Writ) has been preferred by the appellant writ petition Dr. Vineet Tiwari for assailing the order dated 03.01.2020 passed by the learned Single Bench of this Court in S.B. Civil Writ Petition No.15955/2017 whereby, the second stay application preferred by the appellant writ petitioner for assailing the action of the respondents in dispensing with the petitioner’s services, was dismissed in the following terms:-

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(2 of 3)

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[SAW-17/2020]

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“In view of the aforesaid, this Court is of the firm view that the relief as claimed by the petitioner, in the second stay application, cannot be granted, as the present writ petiton is meant for regularization of the services.

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The second stay application is, therefore, disposed of while giving petitioner a liberty to file a fresh writ petition, incorporating all requisite facts and grounds relating to the order dated 09.12.2019, dispensing with his services. ”

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While entertaining this appeal, this Court passed an ad interim stay order dated 10.01.2020 permitting the petitioner to continue on the post of Assistant Professor (Medicine) in Mahatma Gandhi Hospital, Jodhpur.

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Shri Anand Purohit, learned Senior Counsel assisted by Shri Mayank Roy, Advocate representing the appellant writ petitioner, urges that the petitioner was posted as Assistant Professor (Medicine) in Dr. S.N. Medical College and Controller, Associated Group of Hospitals, Jodhpur and is working since the year 2009. The aforestated writ petition was preferred by the petitioner with a prayer to direct the respondents to regularise his services and to restrain them from dispensing with his services. He urges that the respondents have dispensed with the petitioner’s services by order dated 09.12.2019 on the ground that the petitioner had been appointed as an Assistant Professor (Medicine) on a purely temporary basis till regularly selected candidate became available through the Rajasthan Public Service Commission. Shri Purohit points out that Dr. Renu Choudhary, who has reportedly been appointed in place of the petitioner, has a Specialisation in Neurology whereas, the petitioner has been working on the post of Assistant Professor (Medicine). He further submits that in the

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(3 of 3)

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[SAW-17/2020]

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intervening period, Dr. Renu Choudhary has joined a Government Hospital at Jaipur.

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Learned AAG Shri Manish Kumar Vyas, while referring to the reply, admitted the fact that Dr. Renu Choudhary was pursuing the course of D.M. in Neurology and she was given appointment on the post of Assistant Professor (Department of Medicine), M.D.M. Hospital, Jodhpur whereas the petitioner is working in the Mahatma Gandhi Hospital, Jodhpur.

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In view of the above situation and as, a pertinent prayer has been made by the appellant writ petitioner in the writ petition for regularisation and so also against a proposed dispensation of services and as, many posts of Doctor (Medicine) are reportedly lying vacant in the Government Hospitals, we deem it fit to make the ad interim stay order dated 10.01.2020 passed by this Court deserves to be absolute so that the appellant can pursue his course in the pending Single Bench writ petition while continuing his post.

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Ordered accordingly.

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The parties may request the learned Single Bench for expeditious disposal of the pending writ petition.

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The appeal is disposed of in these terms.

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(VINOD KUMAR BHARWANI),J

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(SANDEEP MEHTA),J

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54-/Tikam/devesh/-

Vineet Tiwari v. the State of Rajasthan

Case brief

What is this about?

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Vineet Tiwari v. the State of Rajasthan

Case brief

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