GOUTAM SHARMA S/O BABU LAL SHARMA v. STATE OF RAJASTHAN
CW/13371/2025 · 2025-11-20
Ashok Kumar Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 46657 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46657 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:47252] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13371/2025 Goutam Sharma S/o Babu Lal Sharma, Aged About 44 Years, R/o 1, Kunj Vihar Colony, Kotputli, District Kotputli Behrod, Rajasthan- 303108. ----Petitioner Versus
1. State Of Rajasthan, Through Its Secretary, Medical And Health Department, Secretariat, Jaipur.
2. Director (Non-Gazetted), Medical And Health Services, Jaipur, Rajasthan.
3. Director (Public Health), Medical And Health Services, Jaipur, Rajasthan.
4. Principal Medical Officer, Government Bdm Medical Hospital, Kotputli, Behror. ----Respondents For Petitioner(s) : Mr. Ashish Sharma For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 20/11/2025
1. Instant writ petition is preferred by the petitioner with following prayer: 1) Issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of mandamus, direct the respondents to treat the petitioner's service from 07.08.2009 to 28.02.2016 as continuous and countable for all service-related purposes, including but not limited to computation of
[2025:RJ-JP:47252] (2 of 3) [CW-13371/2025] seniority, fixation of pay, grant of promotional benefits, pension and similar service benefits. 2) Direct the respondents to revise the order dated 17.07.2025 and petitioner's Service Book, pay fixation orders, seniority list, and other service records to give effect to counting of the aforementioned contractual period from the date of initial appointment and grant arrears of salary and other emoluments as per the revised order. 3) Any other order which this Hon'ble Court considers expedient, just and proper in the
facts and circumstances of the case may kindly be granted in favour of the petitioner; and 4) The cost of this writ petition may kindly be awarded in favor of the humble petitioner.
2.
Learned counsel for the petitioner submits that the controversy and issue raised herein is no more res integra as same has been considered and decided finally by the Division Bench of this Hon’ble Court at Principal Seat at Jodhpur in case of State of Rajasthan & Ors. Vs. Dr. Paritosh Ujjwal & Ors. : D.B. Special Appeal (Writ) No.532/2016 decided on
09.07.2025.
3. Having considered aforesaid, issue notice to the respondents.
4. Mr. Archit Bohra, AGC accepts notice on behalf of the respondents.
[2025:RJ-JP:47252] (3 of 3) [CW-13371/2025]
5. He assures that if the controversy is finally decided and matter has attained finality in case of State of Rajasthan & Ors. Vs. Dr. Paritosh Ujjwal & Ors. (supra), then the petitioner may submit a representation to the respondents in light of said ratio and the respondents will decide the representation within four weeks and if the judgment is applicable, the benefit shall be extended.
5. Considered the grievance raised herein, the petitioner is given a liberty to submit representation to respondents within a period of four weeks from now raising all grounds. The respondents are directed to decide the representation of the petitioner with a reasoned and speaking order within a period of 4 weeks from date of receipt of representations, in light of ratio laid down in case of State of Rajasthan & Ors. Vs. Dr. Paritosh Ujjwal & Ors. (supra). If the judgment is applicable, the benefit shall be extended to the petitioner accordingly. After the 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 has a right to re-approach the court with fresh petition.
6. Accordingly, the writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J PREETI VALECHA/52