Mohni Devi vs State Of Rajasthan
2022 Latest Caselaw 3788 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 3237/2022

Mohni Devi W/o Late Ghesu Lal Vyas, aged about 65 Years, Resident of Rawla Chouk Brahampuri Chanod District Pali Rajasthan.

----Petitioner Versus

1. State of Rajasthan through the Secretary to the Government, Department of Medical and Health, Government of Rajasthan, Jaipur.

2. The State of Rajasthan through the Principal Secretary Department of Medical and Health Government of Rajasthan Jaipur.

3. The Director (Administration), the Department of Medical and Health Government of Rajasthan, Jaipur.

4. The Chief Medical and Health officer, District Pali Rajasthan.

----Respondents

For Petitioner(s) : Mr. Ripudaman Singh.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

10/03/2022

It is submitted by learned counsel for the petitioner that the

present writ petition is squarely covered by the Judgment in

Dadam Das Vaishnav v. State of Rajasthan & Ors.: S.B. Civil Writ

Petition No.8309/2012 decided on 20.5.2013 at principal seat,

Jodhpur.

Reliance has been placed in the judgment of Hon'ble

Supreme Court Union of India & Ors. v. Tarsem Singh : (2008) 8

SCC 648.

(2 of 2) [CW-3237/2022]

In so far as the relief being claimed by the petitioner is

concerned, there is no dispute that the same is governed by the

law laid down by this Court in the case of Dadam Das (supra).

In so far as the plea raised by the respondents is concerned,

a Co-ordinate Bench of this Court in Ramchandra Sharma v. The

State of Rajasthan & Ors. : SBCWP No.11254/2016 decided on

7.10.2016 dealing with another writ petition of identical nature

after noticing the submissions of learned counsel for the

respondents held as under:-

"A perusal of the judgment rendered by the Apex Court in the case of Union of India (supra) shows that the same does not apply to the facts of the present case. In the present case, no third party rights have been affected. It pertains to a financial loss which is a continuing injury to the petitioners."

Consequently, the writ petition filed by the petitioner is

allowed. The respondents are directed to allow the selection

grades to the petitioner on completion of 9, 18 & 27 years of

service in terms of the directions mentioned in the case of Dadam

Das (supra).

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the petitioner

would be entitled to the relief.

(ARUN BHANSALI),J 76-DJ/-

Powered by TCPDF (www.tcpdf.org)