Jaga Ram Meghwal vs The State Of Rajasthan ...
2023 Latest Caselaw 971 Raj

[2023/RJJD/001986]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13049/2022

Jaga Ram Meghwal S/o Shri Paka Ram Ji, Aged About 38 Years, Resident Of Fatehpura, Tehsil Bali, District Pali.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Medical And Health, Government Of Rajasthan, Jaipur.

2. The Director, Medical And Health Services Department, Government Of Rajasthan, Jaipur.

3. The Additional Director (Admn.), Medical And Health Services Department, Jaipur.

----Respondents

For Petitioner(s) : Mr. Sushil Solanki For Respondent(s) : Mr. K.S. Rajpurohit, AAG Mr. Shreyansh Mehta

JUSTICE DINESH MEHTA

Order

24/01/2023

1. Mr. Solanki, learned counsel for the petitioner submitted that

the issue involved in the present writ petition is covered by

adjudication made by the Division Bench of this Court in the

judgment dated 12.01.2022 in the case of State of Rajasthan Vs.

Ms. Firdos Tarannum & Anr.: D.B. Special Appeal (Writ)

No.534/2005.

2. Mr. Rajpurohit, learned Additional Advocate General is not in

a position to dispute the aforesaid position of facts and law. He,

however, submitted that the State has preferred an SLP against

the judgment dated 12.01.2022 and in case, the order of the

Division Bench in case of Firdos Tarannum (supra) is modified or

altered, it may be observed that rights of the petitioner shall be

[2023/RJJD/001986] (2 of 2) [CW-13049/2022]

governed by such adjudication to be made by Hon'ble the

Supreme Court, even without requiring the State to file a separate

SLP against the order instant.

3. Mr. Sushil Solanki, learned counsel for the petitioner accepts

such proposition. The present writ petition is allowed with the

direction to the respondents to accord appointment to the

petitioner within a period of 12 weeks from today, if he is

otherwise eligible and meritorious.

4. In case, the judgment of the Division Bench of this Court

rendered in case of Firdos Tarannum (supra) is set aside or

otherwise modified, the petitioner's rights shall also be governed

by such adjudication made by the Supreme Court.

5. A note to this effect will be appended in the appointment

order issued to the petitioner.

6. The stay petition also stands disposed of.

(DINESH MEHTA),J 252-pooja/-

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