Dr. Rajesh Kumar Gupta vs State Of Rajasthan
2022 Latest Caselaw 11763 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 13559/2022

Dr. Rajesh Kumar Gupta S/o Shri Jagdish Prasad, aged about 33 Years, Resident of Flat No. 201, Subhlabh Residence, Udaipur Road, Banswara (Raj.).

----Petitioner Versus

1. State of Rajasthan through its Principal Secretary, Medical Education Department (Group-1st), Government of Rajasthan, Secretariat, Jaipur.

2. The Deputy Secretary to the Government, Medical and Health (Group-2), Department, Secretariat, Jaipur.

3. The Director (Public Health), Department of Medical and Health, Swasthya Bhawan, Jaipur.

4. The Chief Medical and Health Officer, Banswara.

5. The Principal Medical Officer, District Hospital, Banswara.

----Respondents

For Petitioner(s) : Mr. Y.P. Khileree. For Respondent(s) : Mr. Kailash Choudhary on behalf of Mr. Manish Vyas, AAG.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

21/09/2022

Counsel for the parties submit that the issue raised in the

writ petition is squarely cover by order in Mukesh Kumar Kumawat

vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition

No.10249/2022 decided on 25.08.2022.

In the case of Mukesh Kumar Kumawat (supra), a Coordinate

Bench of this Court, inter-alia, directed as under:-

(2 of 2) [CW-13559/2022]

"In view of the above observations and in view of the ratio as laid down in Dr. Jitendra Kumar Sharma's case (supra), the present writ petition deserves to be and is hereby allowed.

The petitioner would be entitled for counting of the period of his service from 21.05.2020 to 06.01.2021 for the purposes of granting bonus/incentive marks to him.

Consequently, the respondents are directed to issue a fresh certificate to the petitioner for the period from 01.05.2020 to 30.04.2022 by treating the period from 21.05.2020 to 06.01.2021 (spent at CHC Banswara) to be spent at rural area and consequently, grant the petitioner the bonus marks in accordance with law.

The requisite be done by the respondents within a period of one week from the receipt of the copy of the present order.

Stay petition also stands disposed of."

The said order came to be corrected by order dated

02.09.2022, which also reads as under: -

"The matter comes upon an application for correction in the judgment dated 25.08.2022 passed by this Court. It has been submitted in the application that the petitioner worked from 21.05.2020 to 06.01.2021 at 'District Hospital Banswara' and not at 'CHC, Banswara'.

In view of the submission made, the application is allowed. It is directed that in judgment dated 25.08.2022, wherever the words 'CHC, Banswara' have been mentioned, the same would be read to be 'District Hospital Banswara'"

In view of submissions made, the writ petition filed by the

petitioner is also allowed in the light of and with similar directions

as given in the case of Mukesh Kumar Kumawat (supra) in relation

to the period relevant to the petitioner.

(ARUN BHANSALI),J 109-DJ/-

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