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2025 DAILYLAW 43146 (RAJ)

GAJENDRA KUMAR SAINI S/O SHRI BAJRANG LAL SAINI v. STATE OF RAJASTHAN

CW/14673/2025 · 2025-11-17

Ashok Kumar Jain

body2025

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[2025:RJ-JP:47347] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14673/2025 Gajendra Kumar Saini S/o Shri Bajrang Lal Saini, Aged About 43 Years, R/o Village Tordi, Tehsil Malpura, District Tonk Rajasthan. Presently Posted As Nursing Officer, Primary Health Center Kalmanda, District Tonk, Rajasthan Employee Id No. Rjt0200936002163 ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat, Jaipur. 2. Director Medical And Health And Family Welfare Services, Rajasthan, Jaipur. 3. Chief Medical Health Officer, District Tonk. ----Respondents For Petitioner(s) : Mr. Virendra Prajapat For Respondent(s) : Mr. Vinod Kumar Gupta, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/11/2025 1. Instant writ petition is preferred by petitioner with following prayer: “I. Issue an appropriate writ, order and direction in the nature thereof, the present controversy may kindly decided in lieu of D.B. Special Appeal (Writ) Number 532/2016 titled as State of Rajasthan and others VS Dr. Paritosh Ujjwal and other with other Special Appeal (Writ) on 09.07.2025. II. Issue an appropriate writ, order and direction in the nature thereof, the benefits of the regular pay-scales, increments, [2025:RJ-JP:47347] (2 of 3) [CW-14673/2025] Seniority benefits and all other allowances may kindly be granted to the petitioner from the date of his initial appointment i.e. 17.09.2003.” 2. Mr. Vinod Kumar Gupta, AGC accepts notice on behalf of respondent. 3. Learned counsel for petitioner while referring order dated 30.10.2025 in SB CWP No.4670/2018 titled as Om Prakash Vs. State of Rajasthan submits that the controversy raised herein is already been decided by a Co- ordinate Bench of this Hon’ble Court at Principal Seat, Jodhpur, therefore the instant writ petition be decided in accordance with directions in case of State of Rajasthan and Ors. Vs. Dr. Paritosh Ujjawal (DB Special Appeal Writ No.532/2016) decided on 12.02.2014. 4. Learned counsel for respondent submits that if the ratio is applicable, they will consider the representation. 5. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of and the respondents-Authority are directed to decide the representation in light of ratio laid down in case referred hereinabove and in case of deviation, decide the same with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the order, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition. [2025:RJ-JP:47347] (3 of 3) [CW-14673/2025] 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /321