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2025 DAILYLAW 43247 (RAJ)

UDAY BHAN JATAV S/O SHRI GIRRAJ JATAV v. STATE OF RAJASTHAN

CW/19283/2025 · 2025-12-08

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:50038] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19283/2025 Uday Bhan Jatav S/o Shri Girraj Jatav, Aged About 29 Years, R/o Village Arora, Post Kased, Tehsil Sapotara, District Karauli, Rajasthan, Worked As Pharmacist At Phc Kased, Block Mandrayal, District Karauli. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur, Rajasthan. 2. Director (Public Health / Non Gazetted), Medical And Health Services, Rajasthan, Jaipur. 3. Chief Medical And Health Officer, Medical And Health Department, Karauli, Rajasthan. 4. Block Chief Medical Officer, Mandrayal, District Karauli, Rajasthan. ----Respondents For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/12/2025 1. Instant writ petition is preferred by petitioner with following prayer: “(a) Issue a Writ of Certiorari or any other appropriate writ, order, or direction to quash and set aside the impugned action the respondents and respondents may restrain to replace the petitioner from another set of urgent temporary basis persons and not discontinued the services of the petitioner till availability of vacancies of Pharmacists in the Respondents Department; [2025:RJ-JP:50038] (2 of 3) [CW-19283/2025] (b) Issue a Writ of Certiorari or any other appropriate writ, order, or direction to quash and set aside the impugned action of the respondent whereby petitioner was restrained to work as Pharmacist and the respondents may further be directed to extend the benefit of Rajasthan Contractual Hiring of Civil Posts Rules-2022 to the petitioners and; (c) Issue a Writ of Mandamus or any other appropriate writ, order, or direction directing the Respondents to allow the Petitioner to continue in remaning vacant posts of Pharmacist in District Karauli Rajasthan, with all consequential benefits including salary and allowances;” 2. Learned counsel for petitioner while referring and relying upon judgment dated 12.06.2025 in S.B. Civil Writ Petition No. 11790/2025 titled as Rishikesh Prajapati & Anr. Vs. State of Rajasthan & Ors. submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Hon’ble Court on the basis of ratio laid down in case of Kaushik Kumar Pandya & Ors. Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.11074/2025. He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition is liable for disposal in light of Rishikesh Prajapati (supra) and Kaushik Kumar Pandya (supra). 4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents-Authority within a period of 30 days raising all [2025:RJ-JP:50038] (3 of 3) [CW-19283/2025] grounds and the respondents-Authority are directed to consider and decide the representation in light of ratio laid down in case of Kaushik Kumar Pandya (supra), but in case of deviation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the order 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. 5. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /292