Disposed

Dr Ravi Shekhawat Son of Shri Pushkar Singh Shekhawat, v. State of Rajasthan

Rajasthan HC29 May 2024CW/7133/2024

Case brief

AI extract

What is this about?

The Court disposed of writ petitions concerning the dispute over the deputation of two Medical Officers to the same place. It directed the State to pass fresh orders within ten days in accordance with rules and circulars, maintaining status quo, with liberty to challenge subsequent orders.

What did the court decide?

Respondent-State allowed ten days to pass fresh orders regarding posting of Medical Officers in accordance with Rules and Circulars.

Dr Ravi Shekhawat Son of Shri Pushkar Singh… — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:25615]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7133/2024

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Dr Ravi Shekhawat Son Of Shri Pushkar Singh Shekhawat, Aged About 42 Years, Chief Medical And Health Officer-1, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Department, Government Secretariat, Jaipur.

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The Joint Secretary, Medical And Health (Group-Ii) And Panchayati Raj (Medical) Department, Rajasthan, Jaipur.

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Dr. Vijay Singh Faujdar Son Of Shri Kehari Singh, Aged About 59 Years, Chief Medical And Health Officer-I, Jaipur And Resident Of A-412, Vidhyut Nagar, Ajmer Road, Jaipur (Employee Id- Rjjp199518019124).

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----Respondents

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connected with

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S.B. Civil Writ Petition No. 9128/2024

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State of Rajasthan through Chief Secretary, Department of Medical & Health, Secretariat, Jaipur.

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Additional Chief Secretary, Department of Medical & Health (Group-2) and Department of Panchayat Raj (Medical), Jaipur.

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–---Petitioners

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Versus

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Dr. Vijay Singh Faujdar S/o Shri Kehari Singh, aged about 59 years, R/o A-412, Vidyut Nagar, Ajmer Raod, Jaipur.

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2.Dr. Ravi Shekhawat S/o Shri Pushkar Singh Shekhawat, aged about 42 years, R/o Currently posted as CMHO, Jaipur-I.

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–--Respondents.

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For Petitioner(s)	: Mr. Ashish Kumar Saksena
	Mr. Archit Bohra, AGC
	Mr. Rakesh Kumar Bairwa
For Respondent(s)	: Mr. Ashok Bansal

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[2024:RJ-JP:25615]

[CW-7133/2024]

HON'BLE MR. JUSTICE GANESH RAM MEENA

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Judgment / Order

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29/05/2024

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Defect/s pointed out by the Registry in S.B. Civil Writ Petition No. 9128/2024 is overruled.

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Since because of certain orders passed by the State Government, two Medical Officers have been deputed against one particular place. An Appeal was filed before the Tribunal which was decided by the Tribunal vide order dated 02.04.2024. Yesterday after arguing at some length, this Court asked the State Counsel to complete the instructions from the respondents.

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Counsel appearing for the State on instructions submits that the respondents may be allowed a week time to pass fresh orders in regard to both the Medical Officers so as to avoid the complications arising out of the orders passed by the respondentauthorities earlier. Counsels appearing for both the Medical Officers also submit that they have no objections if the State Government considers the issue and pass fresh orders. However, their main submission is that the State, while passing fresh orders should take into consideration the Rules and Regulations including circulars and orders passed by the Government and the Department.

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Counsel appearing for the petitioner- Dr. Ravi Shekhawat submits that the respondents while passing fresh orders may not be prejudiced by the findings and observations given by the Tribunal in order dated 02.04.2024.

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In view of the submissions made by counsel for the petitioners as well as the respondent, this Court feels that ends of

[2024:RJ-JP:25615]

[CW-7133/2024]

(3 of 3)

justice would meet if the respondent- State is allowed to pass fresh orders in regard to the posting of both the Medical Officers.

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Therefore, this writ petition is disposed of with a liberty to the State to pass fresh orders in regard to the posting of both the Medical Officers strictly in accordance with the relevant Rules and the Orders and Circulars issued by the Government without being prejudiced by order passed by the Tribunal.

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The fresh orders should be passed by the State within a period of ten days from today maintaining the status quo as it exists today. State shall also consider and pass appropriate orders in regard to both the Medical Officers for the intervening period.

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If the fresh order is not passed within ten days, the State shall comply with the order passed by the Tribunal and Officers shall also be liable for contempt proceedings.

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On passing of fresh order by the State the order of Tribunal shall render non-consequential and parties would be free to avail appropriate legal remedy, if feel aggrieved.

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A copy of this order be placed in another file.

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(GANESH RAM MEENA),J

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DIVYA SAINI /399

Dr Ravi Shekhawat Son of Shri Pushkar Singh Shekhawat, v. State of Rajasthan

Case brief

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Dr Ravi Shekhawat Son of Shri Pushkar Singh Shekhawat, v. State of Rajasthan

Case brief

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