HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13750/2021 Bhojraj S/o Shri Manohar Lal, Aged About 32 Years, Ward No. 11, Devnagar (45 Ndr), Pilibanga, District Hanumangarh (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur (Raj.).
2. The Director (Non-Gazetted), Directorate Of Medical And Health Services, Rajasthan, Jaipur (Raj.).
3. The Chief Medical And Health Officer, Hanumangarh (Raj.).
----Respondents For Petitioner(s) : Mr. Sanjeet Purohit Mr. Surendra Thanvi.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
01/10/2021
It is submitted by learned counsel for the petitioner that pursuant to the order dated 18.08.2021 passed in SBCWP No.4660/2020, the respondents though issued a notice to the petitioner dated 19.08.2021 (Annex.15), the same did not contain any material for the petitioner to respond. However, the petitioner filed his response essentially based on the fact that his petition being SBCWP No.12677/2018, wherein by way of interim order, the petitioner was issued experience certificate, is pending consideration of the Court (Bench at Jaipur). (Downloaded on 01/10/2021 at 08:53:28 PM)
(2 of 3) [CW-13750/2021] The respondents by order dated 09.09.2021, relying on certain judgments and determination, came to the conclusion that the petitioner was not entitled for grant of bonus marks though the petition in this regard remains pending at Jaipur Bench and terminated the services of the petitioner.
Submissions were made that the issue of award of bonus marks, remain pending before this Court on account of judgment passed in State of Rajasthan v. Yadavendra Shandilya & Ors. : Civil Appeal No.44-45 of 2020, decided on 07.01.2020 by the Hon'ble Supreme Court, pursuant thereto, the matter is pending before the Division Bench at Jaipur Bench in the case of Gaurav Kumar Sen v. State of Rajasthan & Ors. : D.B. Civil Writ Petition No.24245/2018 and therefore, on that count also, the order could not have been passed.
In view of the submissions made, it is apparent that in so far as the case of the petitioner is concerned, the same is wholly dependent on the outcome of SBCWP No.12677/2018 pending at Jaipur Bench as the petitioner is seeking to enforce a certificate, which has been issued based on the interim order, passed in the said writ petition and the certificate is made subject to the final outcome of the said writ petition.
Subsequent to that writ petition, the petitioner has taken several proceedings including filing of the petition before this Court, wherein interim orders were passed and final order has been passed, pursuant to which, the order impugned dated 09.09.2021 has been passed.
Learned counsel for the petitioner made submissions that the petitioner would get expedited the disposal of the said writ (Downloaded on 01/10/2021 at 08:53:28 PM) (3 of 3) [CW-13750/2021] petition and/or get the same clubbed with the present petition by way of an appropriate application.
In the circumstances of the case, wherein the notice issued to the petitioner (Annex.15) apparently is laconic, though the order passed on 09.09.2021 is based on several orders passed, which also remain subject to the final outcome of the pending litigation in the case of Gaurav Kumar Sen (supra) at Jaipur Bench, issue notice. Issue notice of stay application also.
Both are made returnable within a period of four weeks. Notices, when issued, be given 'dasti' to learned counsel for the petitioner.
In the meanwhile and till further orders, operation of the order dated 09.09.2021 (Annex.17) shall remain stayed.
(ARUN BHANSALI),J 165-Rmathur/-
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