Bhojraj vs State Of Rajasthan
2021 Latest Caselaw 15268 Raj

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).

(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

(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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