Kuldeep Kumar Swami vs State Of Rajasthan
2022 Latest Caselaw 12836 Raj

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.

(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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