MANISH KUMAR GOYAL S/O SHRI GIRRAJ PRASAD GUPTA v. STATE OF RAJASTHAN
CW/18998/2025 · 2025-12-04
Ashok Kumar Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 47394 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47394 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:49464] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18998/2025 Manish Kumar Goyal S/o Shri Girraj Prasad Gupta, Aged About 45 Years, R/o 298, Nasiya Colony, Gangapur City, District Sawai Madhopur. Presently Working As Computer Operator In Government District Hospital, Gangapur City, District Sawai Madhopur. ----Petitioner Versus
1. State Of Rajasthan, Through Its Secretary, Medical And Health Department, Government Of Rajasthan, Jaipur.
2. Addl. Director (Admn.), Medical And Health Services, Swasthya Bhawan, Jaipur.
3. Joint Director, Medical And Health Services, Bharatpur Zone, Bharatpur.
4. Princpal Medical Officer, Government Hospital, Gangapur City.
5. Rajasthan Medicare Relief Society, Gangapur City Through Its Secretary. ----Respondents For Petitioner(s) : Mr. Vijay Pathak Mr. Vinod Singhal Ms. Bhavya Sharma Mr. Chitransh Trivedi Ms. Srishti Kaushik 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:
“1. It is, therefore, prayed that this writ petition may kindly be accepted and allowed and by an appropriate writ, order or direction, the respondents
[2025:RJ-JP:49464] (2 of 3) [CW-18998/2025] may kindly further be directed change the nomenclature of the petitioner's post from
"Computer Operator" to "Assistant Programmer" and 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 he has rendered about 18 years continuous service with the respondents.
2. In the alternate, the respondents may kindly be
directed to screen the petitioner's case under the Rules of 2022-andaccordingly regularize him with effect from the same date from which the persons similarly situated to him have been regularized, pay him regular salary of the post of Assistant Programmer and the arrears whereof be paid to him with interest @ 12% p.a.”
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). He further submitted that instant writ petition be disposed of accordingly.
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 to submit a representation.
[2025:RJ-JP:49464] (3 of 3) [CW-18998/2025]
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 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 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 PREETI VALECHA /35