Rampratap Rai vs State Of Rajasthan ...
2023 Latest Caselaw 4843 Raj

[2023/RJJD/015994] (1 of 2) [CW-6784/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6784/2023

Rampratap Rai S/o Late Shri Ishwar Chandra Rai, Aged About 60 Years, Resident Of Shano Nursing Home, Sanchore, District Jalore, Presently Posted At Govt. Ayurved Hospital, Tanpi, Tehsil Sanchore, District Jalore (Raj.).

----Petitioner Versus

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

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

3. The Director, Ayurved Department, Ashok Marg, Lohagal Road, Savitri College Circle, Ajmer.

4. Additional Director, Ayurved Department, Jodhpur Zone, Jodhpur.

5. Deputy Director, Ayurved Department, Jalore.

----Respondents

For Petitioner(s) : Mr. Yash Pal Khileree For Respondent(s) : Mr. Anil Kumar Gaur, AAG (through VC)

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

18/05/2023

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

[2023/RJJD/015994] (2 of 2) [CW-6784/2023]

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

connected matters decided on 12.01.2023 in the following terms:-

"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).

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the petitioner

would be entitled to the relief.

(VINIT KUMAR MATHUR),J 99-/Vivek/-

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