Kuldeep Kumar Swami vs State Of Rajasthan

Citation : 2022 Latest Caselaw 12836 Raj
Judgement Date : 1 November, 2022

Rajasthan High Court - Jodhpur
Kuldeep Kumar Swami vs State Of Rajasthan on 1 November, 2022
Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12420/2022 Kuldeep Kumar Swami S/o Kumba Ram Swami, aged about 33 Years, R/o Ward No. 24, Surya Nagar Behind Radha Swami Dera, Hanumangarh Town, District Hanumangarh (Raj.).

----Petitioner Versus

1. State of Rajasthan through the Secretary, Department of Medical and Health, Secretariat, Govt. of Rajasthan, Jaipur.

2. The Director (Non Gazetted), Medical and Health Services, Rajasthan, Jaipur.

3. The Chief Medical and Health Officer, Hanumangarh.

----Respondents For Petitioner(s) : Mr. Jitender Singh Bhaleria.

HON'BLE MR. JUSTICE ARUN BHANSALI Order 01/11/2022 Learned counsel for the petitioner submits that in case of Dharmendra Sharma & Ors. Vs. State of Rajasthan & Ors. (SBCWP No.11628/2019), this Court at Jaipur Bench has directed the respondents to consider those petitioners' case (Lab Technicians) in light of Manoj Khandelwal & Ors. Vs. State of Rajasthan & Ors. (SBCWP No.7283/2014) (Jaipur Bench).

It is also asserted that after disposal of the case of said Dharmendra Sharma and others, the respondents have complied with the directions given vide order dated 16.06.2020 and have given them notional benefits of seniority. (Downloaded on 01/11/2022 at 08:32:14 PM)

(2 of 2) [CW-12420/2022] Learned counsel submits that petitioner would be satisfied if a direction is issued to the respondents to consider his case as well, in light of judgment rendered by this Court in case of Dharmendra Sharma (supra).

Considering the submissions aforesaid, the present writ petition is disposed of with the direction to the petitioner to file a comprehensive representation to the competent authority alongwith requisite details; a copy of the judgment rendered in case of Dharmendra Sharma (supra) and a certified copy of the order instant, within a period of four weeks from today.

On receipt of the representation aforesaid, competent authority shall decide the same, in accordance with law, including judgment rendered in case of Dharmendra Sharma (supra) and do the needful within a period of 12 weeks of the receipt of the representation.

It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioner's grievance. The same may not be construed to be an order to decide the representation in a particular manner.

In case petitioners' representation is not favourably considered, they will be free to take his remedies against such decision of the respondents.

Stay petition also stands disposed of accordingly.

(ARUN BHANSALI),J 51-DJ/-

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