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2025 DAILYLAW 45460 (RAJ)

DR. AMIT AVASTHI S/O SHRI AVADHESH CHANDRA SHARMA v. STATE OF RAJASTHAN

CW/19555/2025 · 2025-12-11

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:50385] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19555/2025 Dr. Amit Avasthi S/o Shri Avadhesh Chandra Sharma, Aged About 44 Years, Resident Of 52/189, Sector-5, Pratap Nagar, Jaipur ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur 2. The Director, Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur 3. The Joint Secretary, Medical And Health And Panchayati Raj (Medical And Health Department), Jaipur 4. The Superintendent, Jk Lone Hospital, Jaipur ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad Mr. Iliyas Khan For Respondent(s) : Mr. Prakhar Jain for Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/12/2025 1. Instant writ petition is filed by petitioner with following prayer:- 1. The respondents may be directed to draw the salary of the humble petitioner from the J.K. Lone Hospital itself against newly created 04 posts of Medical Officers n Genetics Department in the interest of justice. 2. Any other appropriate order, which may be found just and proper in the facts and [2025:RJ-JP:50385] (2 of 3) [CW-19555/2025] circumstances of the case, be passed in favour of the petitioner. 2. Learned counsel for petitioner submits that the petitioner has been posted as Medical Officer in J.K. Lone Hospital, Jaipur (respondent No.4) on the ground that son of petitioner is suffering from Hemophilia, one of the rare disease and the treatment is possible only at Jaipur. He submits that earlier, the salary and allowances of the petitioner were drawn from other places, where the post was lying vacant due to administrative reasons, but now, the Finance Department of Government, has approved fresh sanction of post at J.K. Lone Hospital, Jaipur and the salary and allowances of the petitioner can be drawn from the Budget Head of respondent No.4. 3. Having considered aforesaid, issue notice to respondents. 4. Mr. Prakhar Jain on behalf of Mr. Archit Bohra, AGC accepts notice for respondents. 5. Office is directed to reflect the name of Mr. Archit Bohra, AGC as counsel for respondents. 6. Learned counsel appearing on behalf of respondents suggests that the petitioner may submit representation and same shall be considered by the respondents. 7. 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 after enquiry about grievances, raised by the petitioner but with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the [2025:RJ-JP:50385] (3 of 3) [CW-19555/2025] decision, 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 is at liberty to approach this Court with fresh petition. 8. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /55