Rajasthan High Court
CW/23009/2017 of DHARAM SINGH Vs STATE OF RAJ AND ORS on 21 December 2017
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 23009 / 2017 Dharam Singh S/o Mooli Ram, Aged About 40 Years, Resident of Behind New Hospital, Vikas Nagar, Bharatpur (Raj.) ----Petitioner Versus 1. State of Rajasthan Through Chief Secretary, Government of Rajasthan,
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH ATJAIPUR
S.B. Civil Writ Petition No. 23009 / 2017
Dharam Singh S/o Mooli Ram, Aged About 40 Years, Resident of Behind New Hospital, Vikas Nagar, Bharatpur (Raj.)
----Petitioner
Versus
1. State of Rajasthan Through Chief Secretary, Government of Rajasthan, Government Secretariat, Jaipur (Rajasthan)
2. Secretary, Department of Medical and Health, Government of Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. The Director, Medical, Health and Family- Welfare Department, Tilak Marg, C-Scheme, Jaipur (Rajasthan)
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Dharmendra Jain / Mr. A.K. AroraFor Respondent(s) :
_____________________________________________________
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
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Order
21/12/2017
Learned counsel for the petitioner, at the very outset,submits that the controversy raised in the instant writ applicationstands resolved in view of the adjudication made by a DivisionBench of this Court in the case of Gopal Kumawat v. The State ofRajasthan & Ors.: D.B. Civil Writ Petition Number 2963/2007,decided on 29[th] July, 2015.
It is further contended that so far as issue of benefit ofprevious service rendered by the petitioner on urgent temporarycontract basis is concerned; the said issue is pendingconsideration before the Division Bench of this Court, at PrincipalSeat, Jodhpur, in D.B. Civil Special Appeal (Writ) Number 532/2016: The State of Rajasthan & Ors. v. Dr. Paritosh Ujjwal.
Further, a Coordinate Bench of this Court in a batch of writapplications lead case being S.B. Civil Writ Petition Number18268/2016: Firoj Arif v. State of Rajasthan & Ors., decided on21[st] March, 2017, observed thus:
“Consequently, the present bunch of fifty-fourwrit petitions are disposed of, by issuing followingdirections:-
a) That the petitioners during the period of probationare entitled to grant of regular pay scale instead offixed remuneration as held by Division Bench of thiscourt in the case of Gopal Kumawat vs. The State ofRajasthan & Ors., D.B. Civil Writ Petition No.2963/2007, decided on 29.7.2015, subject to decisionof Supreme Court in the pending appeals, whereinvalidity of judgment rendered in Gopal Kumawat’s case(supra) is to be determined.
b) That in case the judgment rendered in the case ofGopal Kumawat’s case (supra) is set aside by theSupreme Court, the petitioners shall be dealt by therespondents State in the light of the judgment to bedelivered by the Supreme Court, otherwise, the Stateof Rajasthan shall abide by the mandate of law laid inGopal Kumawat’s case (supra) by the Division Bench ofthis Court.
c) That so far grant of benefit of previous servicerendered by the petitioners on urgent temporarycontract basis is concerned, the parties to the lis shallabide by the outcome of D.B. Civil Special Appeal (W)No. 532/2016, The State of Rajasthan & Ors. vs. Dr.Paritosh Ujjwal, pending before Division Bench atPrincipal Seat at Jodhpur.”
Learned counsel further prayed that the instant writ application be also disposed of in terms of the order in the case ofFiroj Arif (supra).
In view of the statement made; instant writ applicationstands disposed off in terms of the order dated 21[st] March, 2017,in the case of Firoj Arif (supra), as extracted herein above.
(VEERENDR SINGH SIRADHANA)J.
SS/243