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2025 DAILYLAW 44903 (RAJ)

SMT. SUNITA SHARMA D/O SHRI SHYAM LAL SHARMA v. STATE OF RAJASTHAN

CW/18972/2025 · 2025-12-04

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:49478] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18972/2025 Smt. Sunita Sharma D/o Shri Shyam Lal Sharma, Aged About 52 Years, R/o Chogan Ki Athi Masalpur Gate, Karauli. ----Petitioner Versus 1. State Of Rajasthan, Through Its Addl. Chief Secretary, Department Of Medical And Health, Govt. Of Rajasthan, Secretariat, Jaipur. 2. Director, Medical And Health Services, Government Of Rajasthan, Jaipur. 3. Chief Medical And Health Officer, Karauli. ----Respondents For Petitioner(s) : Mr. Vijay Pathak Mr. Vinod Kumar Singhal Ms. Srishti Kaushik Mr. Bhavya Sharma Mr. Chitranash Sharma For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/12/2025 1. Instant writ petition is preferred by petitioner with following prayer: “It is, therefore, prayed that this writ petition may kindly be accepted and allowed and by an appropriate writ, order or direction, the order dated 26.9.2025 may kindly be quashed and set-aside and the respondents may kindly further be directed to regularize the petitioner's service in the light of the judgment passed by the Hon'ble Supreme Court in the case of Uma Devi (supra) as she has rendered about 25 years continuous service with the respondents.” [2025:RJ-JP:49478] (2 of 3) [CW-18972/2025] 2. Learned counsel for petitioner while referring and relying upon judgment dated 29.08.2025 in S.B. Civil Writ Petition No.8332/2002 titled as Nawal Kishore Vs. State of Rajasthan and 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 by Hon’ble Supreme Court in case of Dharam Singh and Ors. Vs. State of UP and Anr. (Civil Appeal No.8558/2018 decided on 19.08.2025). 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 Nawal Kishore Vs. State of Rajasthan and Ors. (supra) with liberty to the petitioner. 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 consider and decide the representation in light of ratio laid down in case of Nawal Kishore Vs. State of Rajasthan and Ors. (supra) and Dharam Singh and Ors. Vs. State of UP and Anr. (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 decision to the petitioner either by way of speed post or [2025:RJ-JP:49478] (3 of 3) [CW-18972/2025] through E-mail, if petitioner has provided E-mail in her representation. If the petitioner is still aggrieved, she 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 PREETI VALECHA /31