Allowed

Dr. B.S. Rana S/O Shri Dule Singh v. State of Rajasthan through Principal Secretary

Rajasthan HC27 May 2024CW/3492/2018

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a writ petition, substituting the legal representatives of the deceased petitioner. Relying on Smt. Pramila Tak and Dr. Vidyadharmeel, the court directed the respondents to reimburse the petitioner under Rule 11 of the relevant Rules within 60 days.

What did the court decide?

Reimbursement as per Rule 11 of Rajasthan Civil Services (Medical Attendance) Rules, 2013 to be effected by the respondents within 60 days.

Dr. B.S. Rana S/O Shri Dule Singh Vs State… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:25167]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3492/2018

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Dr. B. S. Rana S/o Shri Dule Singh, resident of Village Chikalwas, Post Loyara, Tehsil Badgaon, District Udaipur (since Deceased through legal representatives):-

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1/1 Hari Om Singh S/o Dr. B.s. Rana, Aged About 40 Years, R/o Near Charbhuja Temple, Village Chikalwas, Post Loyara, Tehsil Badgaon, District Udaipur (Raj.)

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1/2 Pradyuman Singh Rana S/o Dr. B.s. Rana, Aged About 42 Years, R/o Near Charbhuja Temple, Village Chikalwas, Post Loyara, Tehsil Badgaon, District Udaipur (Raj.)

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1/3 Rukmani Kanwar W/o Dr. B.s. Rana, Aged About 64 Years, R/o Near Charbhuja Temple, Village Chikalwas, Post Loyara, Tehsil Badgaon, District Udaipur (Raj.)

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1/4 Bhartendu Singh Rana S/o Dr. B.s. Rana, Aged About 36 Years, R/o Near Charbhuja Temple, Village Chikalwas, Post Loyara, Tehsil Badgaon, District Udaipur (Raj.)

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1/5 Gaurav Singh Rana S/o Dr. B.s. Rana, Aged About 38 Years, R/o Near Charbhuja Temple, Village Chikalwas, Post Loyara, Tehsil Badgaon, District Udaipur (Raj.)

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----Petitioners

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Versus

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State of Rajasthan through Principal Secretary , Department of Agriculture (Group-III), Secretariat, Jaipur

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Deputy Secretary, Department Of Agriculture (Group-Iii), Secretariat, Jaipur.

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Maharana Pratap University Of Agriculture And Technology, Udaipur Through Registrar.

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The Comptroller, Maharana Pratap University Of Agriculture And Technology, Udaipur.

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----Respondents

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For Petitioner(s) For Respondent(s)

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: Mr. Tanmay Dhand : Mr. Bhuvnesh Sharma, AAG Mr. Pyare Lal

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HON'BLE MR. JUSTICE SAMEER JAIN Order

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27/05/2024

An application (IA No. 1/24) has been filed for bringing the legal representatives of the deceased petitioner on record.

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For the reasons mentioned in the application, same is allowed. Legal Representative of the deceased petitioner are taken on record.

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Amended cause-title be taken on record at the appropriate place in the case file.

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Learned counsel for the petitioner has placed reliance upon the dictum of this Court enunciated in Smt. Pramila Tak VS. State of Rajasthan : SBCWP No. 11726/2016 and SBCWP No. 12544/2019 titled as Dr. Vidyadharmeel Vs. State of Raj. Relevant portion, is reproduced below:-

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“4. Considering that the Co-ordinate bench has already decided the issue involved herein, both these writ petitions are allowed in the light of judgment of Smt Pramila Tak (supra) . The respondents are directed to reimburse the petitioner as per the relevant Rules/Policy governing the same, more specifically, as per Rule 11 of Rajasthan Civil Services (Medical Attendance) Rules, 2013. Needful be done by the respondent within a period of 60 days.”

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Learned counsel for the respondents were unable to refute the facts of the case.

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In light of the said claim, matter is adjudicated upon the same lines and similar ratio as referred above.

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In accordance to the same, petition be disposed of, while giving the benefits mentioned in the above referred para 4 in favour of the petitioner. The required exercise be carried out,

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within a period of 60 days in terms of the policy of the respondents.

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Accordingly, the instant petition is allowed. Pending applications, if any, stand disposed.

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(SAMEER JAIN),J