Rajesh Sen vs State Of Rajasthan (2025:Rj-Jd:28625)
2025 Latest Caselaw 1755 Raj

Citation : 2025 Latest Caselaw 1755 Raj
Judgement Date : 3 July, 2025

Rajasthan High Court - Jodhpur

Rajesh Sen vs State Of Rajasthan (2025:Rj-Jd:28625) on 3 July, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:28625]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 8472/2025

Rajesh Sen S/o Late Fathu Lal Sen, Aged About 35 Years,
Parwati Bhawan, Kavi Raj Ka Bada, Sojati Gate, Jodhpur,
Rajasthan.
                                                                         ----Petitioner
                                         Versus
1.       State Of Rajasthan, Through Director, Medical Health And
         Family Welfare Department, Rajasthan, Jaipur.
2.       The Additional Director (Administration), Medical And
         Heath Services, Rajasthan, Jaipur.
3.       The Chief Medical And Health Officer, Jodhpur.
                                                                      ----Respondents


For Petitioner(s)              :    Ms. Muskan Jangid for
                                    Mr. Rishabh Tayal
For Respondent(s)              :    Mr. Tanuj Jain for
                                    Mr. Mukesh Dave, AGC



              HON'BLE MS. JUSTICE REKHA BORANA

Order

03/07/2025

1. Learned counsel for the petitioner submits that the

controversy in question rests covered by the judgment passed by

a Co-ordinate Bench of this Court at Jaipur in S.B. Civil Writ

Petition No.17843/2015: Himmat Singh & Ors. & Vs. The

State of Rajasthan & Ors. (decided on 30.11.2022).

2. Learned counsel for the respondent-Department is not in a

position to refute the above submission.

3. In the case of Himmat Singh (supra), it was observed and

held as under:

[2025:RJ-JD:28625] (2 of 2) [CW-8472/2025]

"The submission of learned counsel for the respondents that the benefit, which was granted to the other candidates has been withdrawn or wrong orders if has been passed in past will not give right to the petitioners to claim benefit of study leave, this Court finds that the Rule making Authority once has provided in Rule 112 of the Rajasthan Service Rules, 1951 making a person entitled for grant of study leave in the interest of the working of the Department, such entitlement cannot be denied to the Government Servant.

This Court accordingly finds that the order dated 25.08.2015, has not been passed by the respondents in legal and proper manner and accordingly, the same is set aside. The petitioners are held entitled for grant of study leave and they will also be entitled for the consequential reliefs, which flow from granting of study leave. The compliance of this order will be made within a period of six weeks from the date of receipt of certified copy of this order.

The present writ petition stands allowed, accordingly."

4. In view of the above ratio, the present writ petition is

allowed on the same terms and conditions as in the case of

Himmat Singh (supra).

5. Stay petition and pending applications, if any, stand

disposed of.

(REKHA BORANA),J 157-manila/-