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2025 DAILYLAW 48975 (RAJ)

RITESH YADAV SON OF LATE SHRI DINESH KUMAR YADAV v. STATE OF RAJASTHAN

CW/17653/2025 · 2025-11-21

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:47329] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17653/2025 Ritesh Yadav Son Of Late Shri Dinesh Kumar Yadav, Aged About 18 Years, Resident Of Ward No. 30, Dhani Udawali Ke Pichhe, Kanak Vihar Colony, Gopalpura Road, Kotputli, District Kotputli Behror (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health, Government Secretariat, Jaipur (Raj.) 2. Director, Medical And Health, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.) 3. Additional Director (Non Gazettee), Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.) 4. Chief Medical And Health Officer, Kotputli- Behror (Raj.) 5. Chief Medical Officer, Government B.d.m. District Hospital, Kotputli, District Kotputli Behror (Raj.) ----Respondents For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) : Mr. Prakhar Jain for Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 21/11/2025 1. This writ petition has been filed by petitioner with following prayers: i) An appropriate writ, order or direction in the nature therein there by respondents may kindly be directed to given appointment to petitioner on compassionate basis on the post of Junior Assistant or any suitable post with all consequential service benefit in the larger interest of justice. [2025:RJ-JP:47329] (2 of 3) [CW-17653/2025] ii) Respondents may kindly be directed not taken any prejudice action against the petitioner on account of filing this writ petition. 2. During course of argument, learned counsel for petitioner while relying upon judgment in case of Bharat Kumar Vs. Rajasthan Rajya Vidhyut Prasaran Nigam Ltd. & Ors., S.B. Civil Writ Petition No. 10350/2016 decided on 07.03.2025 by a Co-ordinate Bench at Principal Seat, Jodhpur submits that the candidature of petitioner was rejected only on the ground that candidate has filed an application after substantial delay for seeking compassionate appointment but except delay there is no other reason in rejection of his candidature for appointment. He further submits that a liberty be given to him to submit a detailed representation in light the ratio laid down by a Co-ordinate Bench in case of Bharat Kumar (supra) and the respondent(s) be directed to decide the direction in light of ratio laid down by this Hon’ble Court. 3. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents- Authority within a period of 15 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 speaking order within a period of 30 days from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the order 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 is at liberty to approach this Court with fresh petition. [2025:RJ-JP:47329] (3 of 3) [CW-17653/2025] 4. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /40