ANAND SHARMA ANDORS v. STATE MEDICAL AND HEALTHORS
WRW/176/2018 · 2026-01-13
Ashok Kumar Jain
Transfer Petitionbody2026
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[ 2026 DAILYLAW 15724 (RAJ) · dailylaw.ai ]
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[ 2026 DAILYLAW 15724 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:1345] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Review Petition (Writ) No. 176/2018 In S.B. Civil Writ Petition No.962/2016
1. Anand Sharma, Son Of Shri Om Prakash Sharma, Resident Of Plot No. 447, Sushilpura, Sodala, Jaipur. 2. Sunil Sharma, Son Of Shri Ramballabh Sharma, Resident Of Plot No. 15, Laxmi Nagar, Near Fauji Ke Dukan, Nivaru Road, Jhotwara, Jaipur. 3. Ram Singh Nitharwal, Son Of Shri Moti Ram Niitharwal, Resident Of Village Hastera, Tehsil Chomu, District Jaipur
4. Ram Kumar Sharma, Son Of Shri Chhitar Singh Sharma, Resident Of Village And Post Aghapur, Tehsil And District Bharatpur. 5. Mohammad Wasim, Son Of Mohammad Ismail, Resident Of Bisatiyon Ka Mohalla, Ramganj Bazar, Jaipur. 6. Lalit Kishor Sharma, Son Of Shri Ramawatar Sharma, Resident Of Plot No. E-797, Vaishali Nagar, Jaipur. 7. Hira Lal Sharma, Son Of Shri Ganga Sharan Sharma, Resident Of Bisatiyon Ka Mohalla, Ramganj, Jaipur. 8. Mukesh Sharma, Son Of Shri Radhey Shyam Sharma, Resident Of 203, Vishwasaria Nagar Extn., Gopalpura, Jaipur. 9. Abdul Majid, Son Of Shri Abdul Ajim, Resident Of Quazi Para, Todabhim, D Karauli. 10. Lal Chand Dhakad, Son Of Shri Bachhn Singh Dhakad, Resident Of C-12, Deepak Marg, Adarsh Nagar, Jaipur. 11. Vinay Panwar, Son Of Shri Ram Dayal Panwar, Resident Of H. No. 10, Shive Shakti Vihar, Bans Factory Ke Paas, Machara, Jaipur. 12. Vaseem Parvez, Son Of Abdul Mubin, Resident Of Quazi Para, Todabhim, District Karauli Raj.. 13. Dilip Singh, Son Of Shri Bharat Singh, Resident Of House No. 5, Virat, Shiv Nagar-A, Jhotwara, Jaipur. 14. Vikas Sharma, Son Of Late Shri Bhagwati Prasad Sharma, Resident Of H. No. B-5, Gottam Path, Ramnagar, Sodala. 15. Suresh Kumar Saini, Son Of Shri Nathu Ram Saini, Resident Of Kuwa Drabala, Ward No.2, Udaipurwati, District Jhunjhunu. ----Petitioners Versus
[2026:RJ-JP:1345] (2 of 5) [WRW-176/2018]
1. State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health, Government Of Ra, Secretariat, Jaipur. 2. The Member Secretary And Additional Director Rh, State Health Society, Medical And Health Service,
3. The State T.b. Officer, State Health Society, Medical And Health Service, Government Of Rajasthan, Swastha Bhawan, Jaipur. 4. The Member Secretary-Cum-District T.b. Officer, District Health Committee-Ii, District T.b. Control, Government Jaipuria Hospital Campus, Jaipur. 5. Asha Ram Swami, Son Of Shri Gopi Kishan Swami, Resident Of Village And Post Kishorepura, Jhotwara, Jaipur Raj.. 6.
Yogesh Kumar Balodia, Son Of Shri Bhola Ram Balodia, Resident Of Village Rampura Badia, Post Gudha Bairsal, Tehsil Dudu, District Jaipur. 7. Gulam Rasool Solanki, Son Of Late Firoz Mohammad, Resident Of Gandhi Chowck, Manoharpura, Tehsil Shahpura, District Jaipur. 8. Vijay Kumar Bairwa, Son Of Shri Narayan Bairwa, Resident Of 52, Poonam Vihar, Jagatpura, Jaipur. 9. Manoj Kumar Sharma, Son Of Shri Mata Prasad Sharma, Resident Of 88-Anand Vihar-B, Dadi Ka Phatak, Jhotawara, Jaipur. 10. Suresh Kumar Saini, Son Of Shri Shankar Lal Saini Saini, Resident Of Village Nayana Khanyawali Post Amarsar, Tehsil Shahpura, District Jaipur. ----Respondents For Petitioner(s) : Mr. Abhishek Sharma For Respondent(s) : Mr. Pulkit Bhardwaj for Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 13/01/2026
1. Considered submission of learned counsel for the parties and perused the material placed on record.
[2026:RJ-JP:1345] (3 of 5) [WRW-176/2018]
2. Office has pointed out a delay of 273 days in filing the review petition.
3. The material on record indicate that after liberty on 05.03.2018 in DB SAW No. 1814/2017, the review petition is filed on 15.05.2018. Thus, the delay if any, occasioned in filing the review petition is hereby condoned and the application stands
disposed.
4. Instant review petition is filed for review/modification in
order dated 17.07.2017 in SB Civil Writ Petition No. 962/2016: Anand Sharma and Others versus State of Rajasthan and Others, wherein a Co-ordinate Bench while considering SB Civil Writ Petition No. 7348/2012 : Sunil Sharma and Others versus State of Rajasthan and Others and considering the further documents, has passed following
order:-
“The State-respondents are directed to extend the benefits of 10% enhancement on the basic rate to the petitioners as contemplated under the RNTCP Norms 2012-2017. The petitioners are also entitled to the cost of Rs. 20,000/- (Rupees Twenty Thousand Only), to be recovered from the erring officers/officials, who generated the instant avoidable litigation. The respondents would do the needful to ensure release of the arrears as well, as expeditiously as possible, however in no case later than six weeks from the date a certified copy of this order is presented.”
5. Dissatisfied petitioners have filed a D.B. Special Appeal Writ No. 1814/2017 : Anand Sharma and Others versus State of Rajasthan and Others before the Division Bench of this Court which was dismissed as withdrawn on 05.03.2018 with a liberty to the petitioners to avail the remedy to review the petition
[2026:RJ-JP:1345] (4 of 5) [WRW-176/2018] before the learned Single Judge. Hence this review petition is before us.
6. While considering the review petition on 28.04.2025 a Coordinate Bench has observed as under:
“This writ review petition is filed for recalling of the order dated 17.07.2017 whereby, although, the writ petition filed by the review petitioners was allowed; but, directed to extend the benefit of 10% enhancement on the basic rate to them as per RNTCP norms 2012-2017, but, similar benefit could not be extended for the period from 2007-2012.
Learned counsel for the respondents, admitting that the benefit of 10% enhancement under the RNTCP norms was extended to the other employees for the period from 2007-2012 in the districts other than Jaipur District, prays for and is granted two weeks’ time to complete his instructions. List the matter on 13.05.2025 as prayed.”
7.
Learned counsel for the petitioners submitted that in wake of the order dated 17.07.2017, the respondents are not extending benefits to the petitioners for the period from 2007-2012, whereas the same benefits were extended to other persons, who were working in the State, other than in Jaipur District. He further submitted that the respondents have further admitted this fact in their reply.
8. Having taken note of these submissions of learned counsel for the parties and also the admission made by the respondents, it is appropriate to allow the review petition and modify the order dated 17.07.2017 to the extent of admission as made by the respondents.
9. In view of aforesaid, the review petition is hereby allowed and the order dated 17.07.2017 in SB Civil Writ Petition No. 962/2016 is modified to the extent that the petitioners are also
[2026:RJ-JP:1345] (5 of 5) [WRW-176/2018] entitled for benefit of 5% enhancement under the RNTCP norms for the period from 2007-2012 in same terms as allowed in case of other persons.
10. The payment of arrear be made within 60 days from date of the receipt of copy of this order.
11. The review petition stands disposed.
(ASHOK KUMAR JAIN),J PUNEET KUMAR /15