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2025 DAILYLAW 48780 (RAJ)

DR. AVNI BHARDWAJ D/O SH. DHARMENDRA BHARDWAJ v. UNION OF INDIA

CW/18867/2025 · 2025-12-04

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:49481] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18867/2025 Dr. Avni Bhardwaj D/o Sh. Dharmendra Bhardwaj, R/o H-3 Prem Nagar Ii, Gurjar Ki Thadi, New Sanganer Road, Jaipur, Rajasthan - 302019. ----Petitioner Versus 1. Union Of India, Through The Secretary, Ministry Of Labour And Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi 110001. 2. Government Of Rajasthan, Through Secretary, Department Of Labour And Employment, Room No. 2018 Main Building, Secretariat, Jaipur, Rajasthan. 3. Employees State Insurance Corporation (Esic), Through Its Director General, Panchdeep Bhawan, Cig Marg, New Delhi 110002. 4. Medical Superintendent, Esic Hospital, Jaipur, Through The Regional Office, Employees State Insurance Corporation, Panchdeep Bhawan, Bhawani Singh Road, Jaipur 302001 ----Respondents For Petitioner(s) : Ms. Sumitra Choudhary Mr. Ashish Arya For Respondent(s) : Ms. Nidhi Khandelwal Ms. Anshu Kanwar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/12/2025 1. This writ petition has been filed by the petitioner with the following prayer:- “In view of the above cogent facts, law and circumstances of the case, it is most humbly prayed that this Hon'ble Court may kindly be pleased to: [2025:RJ-JP:49481] (2 of 3) [CW-18867/2025] (i) Issue a writ of Mandamus and/or any other appro-priate writ order or direction to Respondents to join the Petitioner to the post of Insurance Medical Officer (IMO) Grade-II (Allopathic) pursuant to the Re- cruitment Notification dated 14.12.2021 and the Appointment/Joining Letter dated 24.01.2025 bearing Ref. No. A- 12014/6/2024.MED.VI be implemented in letter and Spirit with retrospective effect; (ií) Direct the Respondents to treat the Petitioner's appointment as valid from the date prescribed in the original joining letter, i.e., 06.02.2025 and grant all consequential benefits including seniority, pay fixa- tion and continuity of service. (iii) Award costs of the Petition in favour of the Petitioner; (iv) May pass any other appropriate order (s) which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case.” 2. During course of arguments, learned counsel for petitioner submits that the petitioner may be granted permission to file an appropriate representation before the respondents- Authority to consider and resolve her grievances. 3. 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 [2025:RJ-JP:49481] (3 of 3) [CW-18867/2025] speaking order within a period of 4 weeks 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 her representation. If the petitioner is still aggrieved, she is at liberty to approach this Court with fresh petition. 4. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /29