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2025 DAILYLAW 4609 (RAJ)

DR B L MASURIA v. STATE OF RAJ AND ANR

CW/1816/2008 · 2025-02-17

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:6912] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1816/2008 Dr B.L. Masuria, Son of Shri Agara Ram, aged about 37 Years, Resident of Ambedkar Colony, Mahaveer Nagar, Barmer. ----Petitioner Versus 1. The State Of Rajasthan, through the Principal Secretary to the Government, Medical and Health Department, Government of Rajasthan, Secretariat, jaipur. 2. The Director, Medical and Health Services, Rajasthan, Jaipur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr.Rahul Verma on behalf of Mr.Archit Bohra, Addl.GC. JUSTICE ANOOP KUMAR DHAND Order 17/02/2025 1. By way of filing of this writ petition, a prayer has been made for issuing directions to the respondents to count his entire services with effect from 15.11.1999 for the purpose of consideration of his case for promotion to the post of Junior Specialist (Skin and V.D.). 2. None has put in appearance on behalf of the petitioner. 3. The contents of the petition indicates that initially the petitioner was appointed on contractual basis on 12.11.1999 and subsequently, he got the regular appointment through selection process vide order dated 25.02.2005. Meaning thereby, his services were confirmed after completion of two years of probation period, i.e., in the year 2007. [2025:RJ-JP:6912] (2 of 2) [CW-1816/2008] 4. Now, the question remains for consideration of this Court is as to whether the petitioner is entitled for the relief as prayed in the writ petition. 5. As per the Rule 27 of the Rajasthan Medical and Health Services Rules, 1963 (for short, “the Rules of 1963”), a person is entitled to get the benefit of service, after the date of his confirmation on the post upon which appointment has been given to him. 6. In view of the provisions contained under Rule 27 of the Rules of 1963, contractual services rendered by the petitioner prior to his regular selection cannot be taken into account for the purpose of granting him promotion to the post of Junior Specialist (Skin and V.D.). 7. In view of the above, this Court finds no merit and substance in this petition. Accordingly, the same is hereby rejected. 8. Stay application and all application(s), pending if any, also stand dismissed. (ANOOP KUMAR DHAND),J Aayush Sharma /63