Dr. Mohd. Waseem Khan Zai vs State Of Rajasthan
2023 Latest Caselaw 2092 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4217/2020

1. Dr. Mohd. Waseem Khan Zai S/o Mohd. Sharif Zai, Aged About 31 Years, R/o 71, J.k. Nagar, Pal Road, Jodhpur, Rajastha. (Presently Veterinary Officer At District Veterinary Mobile Unit, Jodhpur).

2. Dr. Ramakant Soni S/o Shri Chotmal Singh, Aged About 32 Years, R/o Sahi Kripa Society, Near Sarla Birla Kalyan Mandap, New Colony, Kutchaman City, District- Nagaur, Rajasthan. (Presently Veterinary Officer At Ceterinary Hospital Aakoda, Deedwana, District- Nagaur, Rajasthan).

3. Dr. Vijay Singh Godara S/o Shri Dev Lal Ji Godara, Aged About 32 Years, R/o Vill. And Post- Barwali, Tehsil Nohar, District- Hanumangarh. Rajasthan. (Presently Veterinary Officer At Govt. Veterinary Hospital Khuliya, Tehsil- Nohar, District- Hanumangarh).

4. Dr. Surendra Kumar S/o Shri Jagdish Prasad, Aged About 31 Years, Village-Dilki-Jatan Tehsil-Nohar, District - Hanumangarh, Rajasthan. (Presently Veterinary Officer At Govt. Veterinary Hospital Utradabas Bhadra District- Hanumangarh).

5. Dr. Shahdab Ahmed Khan S/o Shri Iqbal Ahmed Khan, Aged About 37 Years, R/o 23/195, Shastri Nagar, Mohammidia Colony, Bhilwara, Rajasthan. (Presently Veterinary Officer At Govt. Veterinary Hospital Danthal, District- Bhilwara).

6. Dr. Narendra Singh S/o Shri Asoo Singh Shekhawat, Aged About 32 Years, R/o H. No. 402, Kailashpuri, Bikaner, Rajasthan. Govt. Veterinary Hospital, Badariya, Tehsil- Pokhran, Distt- Jaisalmer, Rajasthan.

7. Dr. Naresh Nagar S/o Shri Badri Lal Nagar, Aged About 36 Years, 1317-B Shrinathpuram, Kota, Rajasthan. (Presently Veterinary Officer At Govt. Veterinary Hospital Gararda, District- Bundi, Rajasthan).

----Petitioners Versus

1. State Of Rajasthan, Through- The Principal Secretary, Department Of Animal Husbandry, Govt. Of Rajasthan, State Secretariat, Jaipur, Rajasthan.

(2 of 3) [CW-4217/2020]

2. The Director, Department Of Animal Husbandry, Jaipur, Rajasthan.

3. The Rajasthan Public Service Commission, Ajmer, Through Its Secretary.

----Respondents

For Petitioner(s) : Dr. Mohd. Waseem Khan Zai (petitioner No.1 present in person) For Respondent(s) : Mr. Anil Kumar Gaur, AAG

JUSTICE DINESH MEHTA Order 03/03/2023

I.A.No.01/2022:

1. For the reasons stated, the application seeking deletion of

name of petitioner No.7-Dr. Naresh Nagar, who passed away on

07.05.2021, is allowed.

2. Petitioner No.7-Dr. Naresh Nagar is deleted from the array of

petitioners.

3. Amended cause title filed along with application is taken on

record.

4. While deleting name of petitioner No.7, it is hereby clarified

that the LRs of said petitioner shall be free to take up separate

proceedings for enforcement of their rights, if required.

I.A.No.02/2022:

The application seeking preponement of the date has been

rendered infructuous.

Dismissed accordingly.

S.B. Civil Writ Petition No. 4217/2020:

1. Mr. Anil Kumar Gaur, learned Additional Advocate General

submitted that since, the petitioners' engagement is on urgent

(3 of 3) [CW-4217/2020]

temporary basis, the State is extending their engagement on year

to year basis. He submitted that last sanction for their extension

was granted upto November, 2022 and since requisite sanction for

the subsequent period from the State Government has not been

received so far, there is some delay in making payment of monthly

salary to the petitioners.

2. The petitioner No.1 present in person relied upon Division

Bench judgment dated 18.04.2002 and contends that similarly

situated persons covered by such judgment are still continuing in

the department and they are being paid month to month salary,

whereas, the petitioners are being discriminated.

3. In the facts of the present case, the respondent- State is

directed to ensure that the petitioners are paid month to month

salary/ honorarium, without any break.

4. For this purpose, the State shall grant one time

administrative sanction for continuation of the petitioners'

engagement on urgent temporary basis until regularly selected

candidates are posted.

5. The necessary sanction shall be issued within a period of six

weeks from today.

(DINESH MEHTA),J 26-pooja/-

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