Dr. Dinesh Choudhary vs State Of Rajasthan (2025:Rj-Jd:10666)
2025 Latest Caselaw 7760 Raj

Rajasthan High Court - Jodhpur

Dr. Dinesh Choudhary vs State Of Rajasthan (2025:Rj-Jd:10666) on 21 February, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2025:RJ-JD:10666]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14296/2024

Dr. Dinesh Choudhary S/o Shri Surendra Kumar, Aged About 35 Years, Resident Of 185, Taruchaya Nagar, Sanganer, Jaipur, Presently, Pursuing The Md (Radiogiagnosis) Course At Sms Medical College, Jaipur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Secretariat, Jaipur (Raj.).

2. The Secretary, Medical Education Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

3. The Director (Public And Health), Directorate Of Medical And Health Services, Tilak Marg, C-Scheme, Jaipur (Raj.).

4. The Director, Rajasthan Medical Education Society (Raj-

Mes), Chikitsa Shiksha Bhawan, Govind Marg, Janta Colony, Jaipur.

5. The Principal And Controller, Pandit Deendayal Upadhayay Govt. Medical College, Churu (Raj.).

6. The Chief Medical And Health Officer, Sriganganagar (Raj.).

----Respondents

For Petitioner(s) : Mr. Yashpal Khileree For Respondent(s) : Mr. Anita Rajpurohit and Mr. Sher Singh Rajpurohit for Mr. NS Rajpurohit, AAG

JUSTICE DINESH MEHTA

Order

21/02/2025

1. Mr. Khileree, learned counsel for the petitioner submitted

that the issue involved in the present petition is as to whether the

respondents can withhold the amount of stipend, which the

[2025:RJ-JD:10666] (2 of 2) [CW-14296/2024]

petitioner is otherwise entitled to, simply because he had joined

on higher post (post MBBS Diploma - DNB in Radio-Diagnosis).

2. Learned counsel for the petitioner submitted that the issue

involved in the present case is squarely covered by the judgment

dated 11.12.2017 passed by the Division Bench of this Court in

D.B. Civil Writ Petition No.13124/2016 : Dr. Laxman Lal Vs. State

of Rajasthan & Ors.

3. Ms. Anita Rajpurohit, associate to Mr. NS Rajpurohit, learned

Additional Advocate General is not in a position to dispute the

aforesaid position of facts and law.

4. Considering the facts of the present case and that the

condition of furnishing surety bond has even been waived off by

the respondents for the session 2021-2022 vide order dated

14.09.2022 (Annexure-14), this Court is of the view that the

petitioner's case stands on a much better footing.

5. The present writ petition is therefore, allowed; the

respondents are directed to pay requisite monthly stipend to the

petitioner (for the period - 01.06.2022 to 06.10.2022) for

discharging regular duties in the hospital as full-time resident.

6. Needful be done within a period of eight weeks from today.

7. Stay application also stands disposed of accordingly.

(DINESH MEHTA),J 281-raksha/-

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