Rajasthan High Court - Jodhpur
Dr. Kiran Chandaliya vs State Of Rajasthan And Ors on 12 October, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9559/2017
Dr. Kiran Chandaliya W/o Shri Rajendra Kumar Chandaliya, R/o
5, Vidya Vihar Colony, North Sundarwas, Udaipur.
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Medical And Health Department Group - 2, Government
Of Rajsthan, Secretariat, Jaipur.
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Secretariat, Jaipur.
3. The Director, Medical And Health Department, Medical
Directorate, Government Of Rajasthan, Jaipur.
4. The Additional Director Gazetted, Medical And Health
Department, Medical Directorate, Government Of
Rajasthan, Jaipur.
5. The Principal And Controller, Rnt Medical College, Udaipur.
----Respondents
For Petitioner(s) : Mr. Akhilesh Rajpurohit
For Respondent(s) : Ms. Vandana Bhansali, AGC assisted
by Ms. Anamika Vishnoi
HON'BLE MS. JUSTICE REKHA BORANA
Order
12/10/2022
The present petition has been filed against the order dated
31.10.2012 (Annexure-5) whereby the petitioner was denied the
benefit of ACP on the premise that she had forgone the promotion.
Learned counsel for the petitioner submitted that the
controversy in question is totally akin to the matter of Dr. Kalu
Ram Sharma, wherein, a claim petition was filed by the claimant
(2 of 3) [CW-9559/2017]
before the Rajasthan Civil Services Appellate Tribunal which was
allowed in favour of the claimant therein.
A writ petition was preferred by the State against the said
order and the same was rejected by a coordinate Bench of this
Court at Jaipur vide judgment dated 20.10.2021 passed in
S.B.C.W.P. No.3529/2020 (State of Rajasthan & Ors. Vs.
Dr. Kalu Ram Sharma).
In Dr. Kalu Ram Sharma's case (supra), it was observed
as under :
"Further, no reason has been assigned by the
petitioners either before the learned Tribunal or
before this Court as to why the order dated
29.02.1996 was never communicated to the
respondent or to the Principal of R.N.T. Medical
College where he was posted at the relevant time.
It has also come on record that a proposal was also
sent by the department to the Government to
conduct review DPC for his promotion which never
took place for no reason forthcoming from the
petitioners. The learned counsel for the petitioners
has failed to satisfy this court as to why the
respondent should be denied the benefit of
promotion(s)/ACP and DACP granted to persons
junior to him for no fault of him. Learned counsel
for the petitioners has also failed to point out any
illegality or perversity in the order impugned dated
20.05.2019 passed by the learned Tribunal which is
based on logical reasoning and material on record.
This Court does not find any merit in the writ
petition which is dismissed accordingly."
Learned counsel for the respondents is not in a position to
refute the submission that the controversy is covered by the
judgment as passed in Dr. Kalu Ram Sharma's case (supra).
In view of the submissions made above, the present petition
is allowed. The impugned order dated 31.10.2012 (Annexure-5) is
hereby quashed and it is declared that the petitioner would be
(3 of 3) [CW-9559/2017]
entitled to the promotion, ACP benefits and all the consequential
benefits in consequence to the promotion order dated 08.01.2007.
The respondent authorities are directed to pass appropriate
orders within a period of two months from the date of receipt of
the present order.
All the pending applications stand disposed of.
(REKHA BORANA),J
18-AnilKC/-
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