Rajasthan High Court - Jodhpur
Smt. Uma Devi vs State And Ors. (2024:Rj-Jd:24098) on 27 May, 2024
[2024:RJ-JD:24098]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5237/2012
Smt. Uma Devi W/o Shri Vishnu Dutt Sharma, aged 65 years, by
caste Brahmin, resident of Sardarshahar, District Churu.
----Petitioner
Versus
1. State of Rajasthan through Secretary, Medical and Health
Department (Group IV), Govt. of Rajasthan, Secretariat, Jaipur.
2. The Secretary, Department of Finance (Ex. I), Government of
Rajasthan, Jaipur.
3. The Director, Ayurved Department, Government of Rajasthan,
Ajmer.
4. The Registrar, Sri Bhanwar Lal Dugar Ayurved Vishva bharti
Gandhi, Vidhya Mandir, Sardarshahar, Churu.
----Respondents
For Petitioner(s) : Mr. Om Rajpurohit.
For Respondent(s) : Mr. Himanshu Shrimali.
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
27/05/2024
1. By way of this petition, petitioner inter-alia seeks
appropriate directions to the respondents to refix the pay of the
petitioner by granting promotion on the post of Senior
Compounder; extend the benefit of selection scale on completion
of 9 & 18 years of service and pay the gratuity amount alongwith
interest.
2. It transpires that the controversy raised by the petitioner
herein has already been adjudicated by the Single Bench of this
Court in the case titled Dr. Raj Singh Malik & Ors. Vs. State of
Rajasthan & Ors. : S.B. Civil Writ Petition No.3314/2006,
[2024:RJ-JD:24098] (2 of 3) [CW-5237/2012]
vide an order/judgment dated 14.10.2008. The said judgment was
rendered during pendency of the instant writ petition, which was
filed some time in the year 2006. The judgment ibid was brought
to the notice of this Court in course of hearing on 06.02.2015 as is
borne out from the following order passed by this Court :-
"Learned counsel for the petitioner relies upon the order dated
14.10.2008 passed by learned Single Bench of this Court in the
case of Dr. Raj Singh Malik & Ors. Vs. State of Rajasthan &
Ors. passed in S.B. Civil Writ Petition No.3314/2006 and
contends that the controversy involved in this writ petition is
squarely covered by the aforesaid order.
Shri B.K. Bhatnagar learned counsel appearing for the
respondent No.4 submits that a Letter Patent Appeal being D.B.
Civil Special Appeal (Writ) No.278/2010 preferred against the
said judgment of the learned Single Bench is pending
consideration before the Hon'ble Division Bench.
The file of this writ petition is thus directed to be consigned
to record.
Learned counsel for the parties shall be at liberty to file an
application for taking the matter on board as soon as the
appeal is decided by the Hon'ble Division Bench."
3. Apropos, it is thus clear that while in principal there is no
quibble about the applicability of the Single Bench judgment to the
facts of the present case, but the matter was kept pending to
await the outcome of the intra-court appeal vide D.B. Civil Special
Appeal (Writ) No.278/2010, which was pending at the time of
passing the aforesaid order. Subsequently, as it turned out not
only the intra-court appeal was dismissed by Division Bench of this
court but even an SLP preferred against the same by the
respondents met the similar fate. Resultantly, the judgment
rendered by the learned Single Bench has attained finality.
4. In the peculiar premise, I see no reason why the benefit of
the same be not accorded to the petitioner also, since its
applicability is not disputed other than the fact that matter was
[2024:RJ-JD:24098] (3 of 3) [CW-5237/2012]
kept pending only to await the final outcome of the pending
proceedings as noted herein-above.
5. Accordingly, the writ petition is allowed. The petitioner shall
also be given the benefit in same terms as in the judgment of Dr.
Raj Singh Malik (supra) with consequences to follow.
6. Pending application(s), if any, stand disposed of.
(ARUN MONGA),J
21-Rmathur/-
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