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2025 DAILYLAW 43255 (RAJ)

DR YOGENDRA KUMAR SHARMA SON OF SHRI SHYAMLAL SHARMA v. STATE OF RAJASTHAN

CW/18462/2025 · 2025-12-08

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:49963] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18462/2025 Dr Yogendra Kumar Sharma Son Of Shri Shyamlal Sharma, Aged About 50 Years, Resident Of 106, Indira Colony, Alwar-301001 (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary Department Of Medical And Health Services, Government Secretariat, Jaipur- 302005 (Raj.). 2. Director (Public And Health), Department Of Medical And Health Services Swasthya Bhavan, Tilak Marg, C-Scheme, Jaipur-302005 (Raj). 3. Chief Medical And Health Officer, District Churu (Raj.). ----Respondents For Petitioner(s) : Mr. Iliyas Khan 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: “It is, therefore humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction:- 1. The respondents be directed to compute the total length of the service of the humble petitioner from his initial date of engagement/initial appointment on contract/temporary basis and accordingly consider the [2025:RJ-JP:49963] (2 of 3) [CW-18462/2025] same for all practical purposes and grant all such consequential benefits, i.e., increment and selection scales, etc., and also to count the same for the pensionary purposes in the interest of justice. That the respondents may kindly be directed to grant benefits of continuity of service to the petitioner & period of service rendered on contract/ temporary basis may kindly be reckoned for all practical purposes. Any other appropriate order or direction as deemed fit may also be passed in favor of the petitioners.” 2. Learned counsel for petitioner while referring and relying upon judgment dated 25.02.2020 in S.B. Civil Writ Petition No.17205/2018 titled as “Dr. Yadhuveer Singh Vs. The State of Rajasthan & Ors.” and order dated 09.07.2025 passed in SAW No. 356/2021 “The State of Rajasthan Vs. Yadhuveer Singh” submits that the controversy and the issue raised herein is already settled, and instant writ petition be disposed of in light of said ratio. 3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition may be disposed in light of Dr. Yadhuveer Singh Vs. The State of Rajasthan & Ors (supra) and The State of Rajasthan Vs. Yadhuveer Singh (supra) passed by this Court. [2025:RJ-JP:49963] (3 of 3) [CW-18462/2025] 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 grounds and the respondents-Authority are directed to decide the representation in light of ratio laid down in case of Dr. Yadhuveer Singh Vs. The State of Rajasthan & Ors (supra) and The State of Rajasthan Vs. Yadhuveer Singh (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 CHETNA BEHRANI /272