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2026 DAILYLAW 18064 (RAJ)

LALIT KUMAR TRIPATHI S/O. SHRI S.D. TRIPATHI v. STATE OF RAJASTHAN

WMAP/309/2025 · 2026-01-21

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:2637] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 309/2025 In S.B. Civil Writ Petition No. 15590/2011 Lalit Kumar Tripathi S/o. Shri S.D. Tripathi, aged about 34 Years, Resident of 280, Schem No. 4, Rajendra Nagar, Alwar ----Petitioner Versus 1. State of Rajasthan, Through Principal Secretary, Medical and Health Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Mission Director, NRHM, Directorate Of Medical And Health Services, Swasthya Bhawan, Tilak Marg, Jaipur. ----Respondents For Petitioner(s) : Mr. Manish Kumar Sharma For Respondent(s) : Mr. Rahul Verma for Mr. Archit Bohra- AGC JUSTICE ANOOP KUMAR DHAND Order 21/01/2026 1. By way of filing this misc. application, a prayer has been made to recall the order dated 17.02.2025 passed by this Court, while deciding S.B. Civil Writ Petition No. 15590/2011. 2. Counsel for the petitioner submits that S.B. Civil Writ Petition No. 15590/2011 was submitted before this Court with the following prayer:- “It is, therefore, prayed that this Hon'ble Court may very graciously be pleased to accept and allow this writ petition and by issuing an appropriate writ, order or direction or in the nature thereof and thereby, this Hon'ble Court may further be pleased:- [2026:RJ-JP:2637] (2 of 3) [WMAP-309/2025] (i) to Quash the order dated 21.10.2011 and direct the respondents continue the contract to of the petitioner and allow him to work on the post of State Consultant. (ii) Any other order or direction which this Hon'ble Court may deem just and proper, may also kindly be passed in favour of the petitioner with costs.” 3. Counsel for the petitioner submits that an interim order was passed by this Court whereby the petitioner was continued on the post of State Consultant w.e.f. 14.11.2011 and since then he is continuously working on the aforesaid post. Counsel submits that on the fateful day when the case was taken up for hearing i.e. 17.02.2025, he could not appear before the Court for the reasons beyond his control and at the relevant time, an argument was raised by counsel for the respondents that contract of the petitioner had come to an end and he has not been continued. Counsel submits that considering the aforesaid statement so made by the learned counsel for the respondents, this Court treated the writ petition as infructuous and the same was dismissed. Counsel submits that still the petitioner is continuing on the aforesaid post, on which he was working for last 14 years by virtue of the interim order dated 14.11.2011. 4. This fact has not been disputed by the counsel for the respondents that the petitioner is working rather he fairly admitted that the petitioner is still working and discharging his duties on the post he was appointed. 5 Considering the overall facts and circumstances of the case, the instant misc. application submitted by the petitioner stands allowed and the order dated 17.02.2025 stands recalled and S.B. Civil Writ Petition No. 15590/2011 is ordered to be restored to its [2026:RJ-JP:2637] (3 of 3) [WMAP-309/2025] original number and interim order dated 14.11.2011 is also restored to its original number and shall last till disposal of the writ petition. 6. Office to proceed. (ANOOP KUMAR DHAND),J Ashu /26