[2025:RJ-JP:48311] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19538/2024 Dr. Poonam W/o Dr. Abhishek, Aged About 45 Years, R/o Iii/118, Gad Flats, Gandhi Nagar, Jaipur (Raj.). ----Petitioner Versus 1. Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar. 2. Principal, Ruhs College Of Dental Sciences, Shastri Nagar, Near Tb Hospital, Jaipur. 3. Director, Medical And Health Services, Swasthya Bhawan, Tilak Marg, Jaipur. ----Respondents For Petitioner(s) : Mr. Amit Jindal Ms. Neetu Bhansali Mr. Ashindra Gautam Mr. Sudhir Yadav For Respondent(s) : Mr. Archit Bohra, AGC Mr. Yash Joshi HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/11/2025 1. Instant writ petition is filed with following prayer:- i. The respondents may kindly be directed to pass order for pay fixation of the petitioner in compliance of the order dated 21.12.2022 passed by the respondent No.3. ii. The respondent may kindly be directed to pay arrears of salary to the petitioner along with interest. iii. The respondent may further be directed to deposit deductions from the monthly salary of the petitioner along with interest in GPF, State [2025:RJ-JP:48311] (2 of 7) [CW-19538/2024] Insurance and all other deductions in the schemes admissible to the petitioner iv. the respondents may further be directed to complete the service book of the petitioner till date. v. the respondents may further be directed to sanctioned the medical leave to the petitioner which has not been sanctioned on account of incomplete service book. vi. The respondents may further be directed to grant benefit of Rajasthan Government Health Scheme Facility to the petitioner in accordance with the post pay scale and grade pay of the petitioner. Vii. The respondents may further be directed to provide suitable residential accommodation to the petitioner as per the eligibility of the petitioner according to Rajasthan Civil Services (Allotment of Residential Accommodation) Rules. Viii. The respondents may further be directed to grant all consequential benefits to the petitioner after her pay fixation. 2. Learned counsel for petitioner submits that petitioner was appointed on post of Medical Officer (Dental) vide order dated 12.04.2013 and successfully completed her probation and from 22.03.2016, she is entitled for regular pay scale. He further submits that respondent No.3 has sanctioned pay scale of L-14 but till date, her pay fixation was not done by the respondents as the service book of the petitioner was not completed by respondent No. 2. The counsel for petitioner has also submitted that the respondents are not providing RGHS facility in accordance with pay scale of petitioner. He further submitted that the petitioner is [2025:RJ-JP:48311] (3 of 7) [CW-19538/2024] entitled for accommodation under the rules but no accommodation has been provided to the petitioner. He further submitted that the petitioner is constraint to file instant writ petition as the pay fixation and other benefits were not granted to the petitioner. 3. Mr. Archit Bohra, AGC has supported the case of petitioner and submits that a specific instruction has been issued by the Department to the RUHS and it is upon the RUHS to do the needful. He further submits that the letter dated 27.05.2025 and 29.07.2025 sent by respondent No.3 to the RUHS clearly indicate that the no delay is caused by the respondent No.3. 4. Aforesaid contentions were opposed by the counsel appearing on behalf of respondent Nos. 1 and 2 and he submits that the petitioner be directed to submit a representation which can be considered by the respondent Nos. 1 and 2. He further submits that a reply has been filed by the respondent Nos. 1 and 2 and the claim made by the petitioner is already considered by the respondent Nos. 1 and 2. He further submits that the matter requires consideration on merits. 5. Heard learned counsel for the parties and perused the material placed on record. 6. The facts narrated in the petition clearly indicate that present petitioner was appointed on probation for a period of 2 years pursuant to order dated 12.04.2013 and by way of a writ petition, filed by present petitioner, she sought extension in time to join pursuant to order dated 12.04.2013. The petitioner was permitted by vide order dated 27.06.2014 for extension in compliance of order passed by this Court. Vide order dated 18.10.2014, the petitioner was transferred from Community Health Centre, [2025:RJ-JP:48311] (4 of 7) [CW-19538/2024] Manoharpur, Jaipur to Dental College, Jaipur. The Principal of RUHS Dental College (respondent No.2) has sought a guidance vide letter dated 21.10.2014 from respondent No.3 on the ground that after joining by Dr. Poonam, Medical Officer (Dental), more medical officers are posted than sanctioned posts, as there was accounts and salary related issues. 7. The petitioner has filed an appeal No.389/2015 before the Rajasthan Civil Services Appellate Tribunal, Jaipur, Rajasthan, which was decided on 29.04.2016 in favour of the present petitioner and the Tribunal has directed drawing of salary of petitioner against sanctioned post of Medical Officer (Dental) at Government Dental College, Jaipur. On 18.06.2016, petitioner has filed an application for fixation and same is forwarded to respondent No.3 by respondent No.2. 8. The Government has decided not to challenge order dated 29.04.2016 passed in Appeal No. 389/2015 by the Tribunal and communicated the decision vide letter dated 06.07.2016 to respondent No.2. Respondent No.2 has directed drawing of salary of petitioner from 01.07.2016 against sanctioned post of Medical Officer (Dental). Thereafter, a Writ Petition No.8852/2016 is filed against order of Tribunal dated 29.04.2016 and an amended order is passed by respondent No.2 on 20.07.2016. On 22.07.2016, a Coordinate Bench of this Court has stayed order of the Tribunal. Thereafter, further order is passed on 24.03.2017. A clarification was issued on 26.09.2019 about period from 04.05.2013 to 24.06.2014 and same is not counted for any purpose of service. As per Annexure-15, petitioner has completed probation on 22.06.2016 and on 05.11.2019, a regular pay scale in Pay Matrix [2025:RJ-JP:48311] (5 of 7) [CW-19538/2024] L-14 was sanctioned by respondent No.3 with effect from 23.06.2016 9. On 29.01.2020, the respondent No.2 has intimated respondent No.3 to draw salary of present petitioner from BDM, Kotputli. 10. Now, respondent No.3 has further directed the Registrar of RUHS, Jaipur vide letter dated 27.05.2025 for pay fixation, completion of service book, annual increment etc. Again, an explanation is called by respondent No.3 from respondent No.2 vide letter dated 29.07.2025. 11. Aforementioned communication clearly indicate that present petitioner was posted at Government Dental College (later named as RUHS College of Dental Sciences) and Controlling Officer is respondent No.2. There is no doubt about it that petitioner has rendered services under the Controlling Officer, but for one or the other reasons, the pay fixation of present petitioner was not carried out by the respondent No.2 primarily on the ground that one Dr. Pramod Jain is also drawing a salary from RUHS College of Dental Sciences and there is a pending litigation in form of Writ Petition No.15027/2016 filed by Dr. Pramod Jain. The respondent No.3 has clearly directed respondent No.2 to resolve the issue, but same is not done by respondent No.2 and lastly, the respondent No.3 has called explanation from respondent No.2. 12. It is a case of high handedness by respondent No.2, wherein respondent No.2 has neither followed the instructions of respondent No.3 nor has not taken note of the fact that after completion of probation, a pay fixation of an individual is required. Moreover, after completion of yearly service, an employee is [2025:RJ-JP:48311] (6 of 7) [CW-19538/2024] entitled for annual grade increment and further on completion of 9 years, entitled for ACP, if eligible or other promotion whatever be the scope as per seniority or service rules, but in the instant case, all benefits were denied to the petitioner and there is no justification for denial by respondent Nos. 1 and 2. The case of present petitioner is crystal clear and it is quite surprising that present petitioner has to approach this Court for resolving an issue of confusion between respondent No. 2 and respondent No.3. Herein an employee is not at fault rather it was duty of respondent No. 2 to work out a solution to resolve the issue. 13. The counsel for petitioner has also prayed for direction for allotment of suitable accommodation as per eligibility, but I am of considered view that this cannot be done as same depends upon the applicable rules and also upon seniority (wait list), therefore, the petitioner is not entitled for any direction regarding allotment of suitable accommodation. 14. Considering the submission of learned counsel for parties, the writ petition is allowed in following manner:- (i) The respondent No.2 shall pass an order of fixation of present petitioner in Pay Matrix L-14 with effect from 23.06.2016 as per order dated 05.11.2019, issued by respondent No. 3. (ii) After completion of probation, the petitioner is entitled for all annual increments subject to other conditions as provided under the rules. (iii) The petitioner is entitled for other allowances as admissible under the rules as per admissibility of the petitioner. [2025:RJ-JP:48311] (7 of 7) [CW-19538/2024] (iv) If, the petitioner has availed any leave and same has not been sanctioned, but if same is due, then same be sanctioned as per rules. (v) The service book of the petitioner be completed accordingly by respondent No.2, after compliance. (vi) Any arrear, if due after granting benefits to the petitioner, then same be paid immediately. 15. The respondent Nos. 1 and 2 are directed to complete aforesaid exercise within a period of 60 days from date of receipt of copy of this order. 16. The writ petition and miscellaneous applications, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /359