Rajasthan High Court

CW/18179/2016 of SMT MANJU NAIN Vs STATE MEDICAL AND HEALTHORS on 22 December 2016

COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B.Civil Writ Petition No. 18179 / 2016 Smt. Manju Nain D/o Shri Ramkumar, W/o Shri Virendra Kumar,, Aged About 30 Years, VPO Hamirwas, Tehsil Rajgarh, District Churu ----Petitioner Versus 1. State of Rajasthan Through Director, Directorate

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B.Civil Writ Petition No. 18179 / 2016

Smt. Manju Nain D/o Shri Ramkumar, W/o Shri Virendra Kumar,,Aged About 30 Years, VPO Hamirwas, Tehsil Rajgarh, DistrictChuru

----Petitioner

Versus

1. State of Rajasthan Through Director, Directorate Medical andHealthServices,Rajasthan,Jaipur

2. Additional Director (Administration), Medical and HealthServices,Govt.ofRajasthan,Jaipur

3. Division Chief Medical Officer,, Rajgarh, Churu

4. Medical Officer In-charge Primary Health Centre,, BlockRajgarh, District Churu

----Respondents

__________________________________________________

Counsel For Petitioner(s) : Mr.Mukesh Bijarnia.

Counsel For Respondent(s) :

HON'BLE MR. JUSTICE AJAY RASTOGIJudgment 22/12/2016

Counsel submits that although the appeal has been preferredagainst the order impugned but still that has not been heard andhe advised his client to file writ petition before this court, pendingappeal.

This practice cannot be appreciated by this court and if theappeal has been preferred with statutory right of the employeeunder the Act, 1976, it would not be appropriate for the counsel tohave filed the instant writ petition and would have advised the person to wait & plead the matter before the ld.Tribunal in pending appeal.

After making submissions for some time, counsel, oninstructions, craves leave of the court to withdraw the instant petition.

Leave granted.

Consequently, the instant writ petition is dismissed aswithdrawn, as prayed.

(AJAY RASTOGI)J.

Solanki DS, PS

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