JITENDRA SINGH PARMAR S/O SH. SADHUSINGH PARMAR v. STATE OF RAJASTHAN
WRES/285/2025 · 2025-05-19
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15912 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15912 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:21082] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Restoration Application No. 285/2025 In S.B. Civil Writ Petition No.904/2016 Jitendra Singh Parmar S/o Sh. Sadhusingh Parmar, Aged About 34 Years, R/o Village Basedi, District Dholpur (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary Secretariat, Jaipur (Raj.)
2. State Of Rajasthan, Department Of Medical, Health And Family Welfare, Through Its Principal Secretary, Secretariat, Jaipur (Raj.)
3. Chief Medical And Health Officer, Community Health Centre, Sarmathpura, District Dholpur (Raj.) ----Respondents For Petitioner(s) : Mr. Sankalp Sogani For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order 19/05/2025
1. Instant Civil Misc. Restoration Application has been filed, seeking to restore S.B. Civil Writ Petition No.904/2016.
2. Record of the original writ petition is enclosed with the restoration application.
3. Perusal of the writ petition and the documents enclosed therewith, it transpires that the petitioner stated to be engaged on contractual basis to perform his duties of Assistant Radiographer under Mukhya Mantri Nishulk Janch Yojna in district Dholpur vide
order dated 05.08.2013. Although no appointment order has been enclosed with the writ petition but an experience certificate dated 27.08.2015 has been enclosed to show that petitioner worked as Assistant Radiographer in such Yojna at Community Health Center Sarmathura, District Dholpur. On the basis of such experience
[2025:RJ-JP:21082] (2 of 2) [WRES-285/2025] certificate, writ petition was filed on 14.01.2016 praying to regularize his service on such post.
4. Perusal of the record of writ petition further reveals that though, notices were issued to the respondents but no interim
order was passed in favour of the petitioner.
5. The requisite PF & notices were not filed and no one appeared on behalf of petitioner on 12.02.2025, hence the Coordinate Bench of this High Court was compelled to pass a peremptory order, same was also not complied with, hence the writ petition came to be dismissed on 12.03.2025 due to non- compliance of the peremptory order dated 12.02.2025.
6. Therefore, the petitioner has filed instant restoration application on 12.05.2025, accepting the mistake on the part of counsel for not filing PF & notices.
7. Be that as it may, this Court finds that no material has been placed by the petitioner along with the restoration application for survival of cause of action, showing that he is still rendering services on contractual basis in such Yojna as Assistant Radiographer.
8. Hence in such circumstances, this Court does not find it just and proper to restore S.B. Civil Writ Petition No.904/2016. However, petitioner is at liberty to file a fresh writ petition, in case his grievance for regularization or any other grievance survives.
9. Accordingly, the restoration application is disposed of with aforesaid liberty.
(SUDESH BANSAL),J TN/42