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2025 DAILYLAW 32024 (RAJ)

MUKESH KUMAR MEENA S/O SHRI HARJI LAL MEENA v. STATE OF RAJASTHAN

CW/16413/2024 · 2025-01-27

Anoop Kumar Dhand

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16413/2024 Mukesh Kumar Meena S/o Shri Harji Lal Meena, aged bout 41 Years, R/o Village Kankra Dungar, Tehsil Indragarh, Distt. Bundi, Rajasthan. ----Petitioner Versus 1. State of Rajasthan, Through Principal Secretary To The Government, Department of Medical And Health, Government of Rajasthan, Government Secretariat, Jaipur. 2. Chief Medical And Health Officer, Bundi, Distt. Bundi. 3. Rajasthan Medical Relief Society, Through Member Secretary, Office Of CMHO, Bundi, Distt. Bundi. 4. Block Chief Medical Officer, Kapren, Distt. Bundi. 5. Sr. Medical Officer In-Charge, Govt. Community Health Centre, Lakheri, Distt.. Bundi. ----Respondents For Petitioner(s) : Mr. Pradeep Singh For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 27/01/2025 1. By way of filing of this writ petition, the petitioner has assailed his oral removal order from the post of Ambulance Driver. 2. The removal order cannot be assailed straightaway before this Court by way of filing of this writ petition under Article 226 of the Constitution of India. The controversy involved in this petition has already been decided by the Larger Bench of this Court in the case of Gopi Lal Teli Versus The State of Rajasthan & Others reported in 1995 (2) WLC 1. (2 of 2) [CW-16413/2024] 3. Since the controversy involved in this petition has already been decided, this writ petition is not maintainable and accordingly, the same is dismissed as not maintainable. 4. Stay application as well as all applications (pending, if any) also stand dismissed. 5. However, the petitioner would be at liberty to raise industrial dispute by way of filing an application under Section 2A read with Section 10 of the Industrial Disputes Act, 1947 before the Conciliation Officer. 6. In case, the said application is submitted by the petitioner before the Conciliation Officer, it is expected from the Conciliation Officer to decide the same expeditiously. In case, Conciliation proceedings fails, the matter be referred to the Labour Court for adjudication on merits. (ANOOP KUMAR DHAND),J Ashu/11