Dr. Om Prakash vs State Of Rajasthan ...
2023 Latest Caselaw 3318 Raj

[2023/RJJD/011146]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3904/2023

1. Dr. Om Prakash S/o Shri Narayan Singh, Aged About 60 Years, R/o Jaswantpura, Tehsil Shri Madhopur, Kanchanpura, Sikar, Rajasthan.

2. Dr. Hawa Singh Kumhar S/o Shri Lal Chand Kumhar, Aged About 60 Years, R/o 258, Seowa, Rajgarh, Churu, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Principal Secretary, Department Of Ayurved And Indian Medicines, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Ayurved Department, Government Of Rajasthan, Ajmer.

3. The Secretary, Department Of Personnel, Government Of Rajasthan, Jaipur.

----Respondents

For Petitioner(s) : Mr. Himanshu Pareek For Respondent(s) : Mr. Anil Kumar Gaur, AAG

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

20/04/2023

Heard learned counsel for the parties.

Learned counsel for the parties are in agreement that the

controversy involved in the present case is squarely covered by

the judgment of this Court rendered in a bunch of writ petition led

by S.B. Civil Writ Petition No.11021/2020 "Bijendra Kumar

Tyagi & Ors. Vs. State of Rajasthan & Ors." along with other

connected matters decided on 12.01.2023 in the following terms:-

[2023/RJJD/011146] (2 of 2) [CW-3904/2023]

"In view of the discussions made above, the present writ petitions are allowed. The order dated 31.07.2020 and the orders of recovery dated 18.11.2019 & 18.02.2020 are unsustainable in the eye of law and, therefore, the same are quashed and set aside. The petitioners are entitled to get all the service/pensionary benefits with effect from the date of their first/initial appointment and not from the date of their selection in the RPSC or from the date of the screening test conducted by the respondent-department. The withheld pensionary benefits shall also be released by the respondent-department within a period of four weeks from the date of receipt of certified copy of this order."

The present writ petition is also disposed of in terms of the

order passed by this Court in the case of Bijendra Kumar Tyagi

(supra).

(VINIT KUMAR MATHUR),J 70-/vivek/-

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