Kannupriya Choudhary vs State Of Rajasthan ...
2023 Latest Caselaw 8350 Raj

[2023:RJ-JD:34053]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4471/2020

Kannupriya Choudhary D/o Shri Ramdev Choudhary, Aged About 24 Years, Resident Of Bhagat Singh Colony, Near Lic Office, Raisingh Road, Nokha, Bikaner.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Department Of Medical, Health And Family Welfare, Rajasthan, Jaipur.

2. Director (Public Health), Department Of Medical, Health And Family Welfare, Rajasthan, Jaipur.

----Respondents

For Petitioner(s) : Mr. Rajesh Punia For Respondent(s) : Mr. K.S. Rajpurohit, AAG with Mr. Lucky Rajpurohit

JUSTICE DINESH MEHTA

Order

10/10/2023

1. The prayer in the present petition is to allow the petitioner to

join the duties as Medical Officer in the respondent-Department on

the completion of the PG course in pursuance to the appointment

order dated 25.03.2020 after the last date of joining.

2. Learned counsel for the petitioner submits that the issue

involved herein is squarely covered by the judgment rendered by

this Court at Jaipur Bench in the case of Dr. Shiv Ram Sinwar Vs.

State of Rajasthan & Ors. (S.B.Civil Writ Petition No.16508/2016),

decided on 03.03.2017.

3. Heard.

[2023:RJ-JD:34053] (2 of 3) [CW-4471/2020]

4. Admittedly, the petitioner was granted six months period to

join the duties. The last date of joining after extension was

11.05.2020. Before the expiry of the said period, the petitioner

filed her application on 01.04.2020 and 08.05.2020. However,

the respondents neither accepted nor rejected the said

application. Accordingly, the petitioner immediately filed the

present writ petition on 27.05.2020 immediately after the expiry

of the said period.

5. By order dated 07.07.2020, the respondents were restrained

from cancelling the appointment given to the petitioner. The

petitioner in any case could not have joined till as such time she

was given the No Objection by the concerned University, which is

given after completing the PG course. The petitioner has

completed the said course way back in May, 2022.

6. In a similar set of circumstances, the Division Bench of this

Court at Jaipur while disposing the appeal filed by the State of

Rajasthan Vs. Dr. Giriraj Sahu & Anr. [D.B. Civil Special Appeal

(Writ) No.730/2014] and other connected writ petitions on

21.07.2014 upheld the order of the Single Bench granting

extension of time beyond six months by observing:-

"After hearing the parties and going through the order SAW-853/2014 5 impugned passed by the ld. Single Judge, we do not find any error being committed which may require interference of this Court in the instant intra-court appeals and we direct the appellant/s to permit such of the respondents, who have completed their course and reported for duty, to join their duty immediately without any delay"

[2023:RJ-JD:34053] (3 of 3) [CW-4471/2020]

7. There is nothing to distinguish the case of the present

petitioner.

8. In view of the above, the present petition is also allowed in

the same terms Dr. Shiv Ram Sinwar (supra) as well as the order

dated 21.07.2014, passed by Division Bench in State of Rajasthan

Vs. Dr. Giriraj Sahu & Anr. [D.B. Civil Special Appeal (Writ)

No.730/2014].

9. Stay petition also stands disposed of.

(DINESH MEHTA),J 41-Ramesh/-

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