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2026 DAILYLAW 7512 (RAJ)

RAKESH KUMAR SUMAN S/O SH. RAMCHARAN SUMAN v. STATE OF RAJASTHAN

CW/6716/2026 · 2026-05-12

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:19973] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6716/2026 Rakesh Kumar Suman S/o Sh. Ramcharan Suman, Aged About 50 Years, R/o Suman Dham, Jatav Basti, Hindaun City, District Karauli, Rajasthan - 322230. ----Petitioner Versus 1. State of Rajasthan through Chief Secretary, Government of Rajasthan, Government Secretariat, Jaipur (Rajasthan). 2. Secretary, Department of Medical and Health, Government of Rajasthan, Government Secretariat, Jaipur (Rajasthan). 3. The Director, Medical, Health and Family-Welfare Department, Tilak Marg, C-Scheme, Jaipur (Rajasthan). ----Respondents For Petitioner(s) : Mr. Dharmendra Jain For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 12/05/2026 1. Petitioner has filed the instant petition with following prayers: "It is, therefore, humbly and respectively prayed that your lordship may graciously be pleased to accept and allow this writ petition and call for the entire record of the case and i) By an appropriate writ, order and direction, respondents may be directed to count the service of petitioner w.e.f. 17-09-2003 for the purpose of pension, gratuity, seniority, Selection grade, promotion, commutation of leave and to grant all benefits (financial & otherwise) which the petitioner is entitled to get on basis of counting his services w.e.f. 17-09-2003. ii) By an appropriate writ, order and direction the order dated 10-08-2009 fixing his at remuneration of Rs. 10,000, may kindly be declared illegal and be quashed to the extent. [2026:RJ-JP:19973] (2 of 3) [CW-6716/2026] iii) pass any other writ order or direction which this Hon'ble court deems just and proper in the facts and circumstances of the case in favour of the petitioner. iv) Cost of the petition may kindly be awarded in favour of the petitioner" 2. At the outset, learned counsel for the petitioner submits that controversy involved in the instant writ petition is squarely covered by the judgment passed by Co-ordinate Bench of this Court at Principal Seat, Jodhpur, in S.B. Civil Writ Petition No.312/2026 (Suman Saharan & Ors. Vs. The State of Rajasthan & Ors.), whereby after considering the Division Bench judgment of this Court in the case State of Rajasthan & Ors. Vs. Dr. Dinesh Kumar Soni [D.B. Civil Special Appeal (Writ) No.380/2016] as well as The State of Rajasthan & Ors. Vs. Dr. Paritosh Ujjwal & Ors. (D.B. Special Appeal Writ No.532/2016), following directions have been given: "The respondents are directed to verify the documents of each petitioner and compute the services of the petitioner from the date of their initial appointment on temporary/ad-hoc/urgent basis. Upon such verification, if the respondents are satisfied about the genuineness of the documents and the eligibility of the petitioners, the benefit of continuity of services for all purposes shall be granted to them. Appropriate orders be passed within a period of eight weeks from now." 3. Learned counsel for the petitioner further submits that the State Government preferred Special leave to Appeal (C) No.13810/2026 against the judgment of Dr. Paritosh Ujjwal (supra) before the Hon'ble Supreme Court, which has also been dismissed by the Hon'ble Supreme Court vide order dated 17.04.2026. 4. Learned counsel for the petitioner also submits that in the case of Dr. Dinesh Kumar Soni (supra) also although Review Petition as well as Special Leave Petition was preferred by the State Government but the State has remained unsuccessful. [2026:RJ-JP:19973] (3 of 3) [CW-6716/2026] 5. Learned counsel for the respondents, although does not dispute that the issue in-hand has already been decided in the case of Suman Saharan (supra), submits that the State is in the process of filing appeal against the judgment. 6. In the light of consensus arrived at between the learned counsel for the parties that issue in-hand has already been decided by the Co-ordinate Bench of this Court at Principal Seat, Jodhpur, in the case of Suman Saharan (supra), this Court deems it just and proper to dispose of the instant writ petition in the same terms and with the same directions as given in the case of Suman Saharan (supra). 7. Accordingly, the instant writ petition stand disposed of. 8. Pending application(s), if any, also stand(s) disposed of. (ANAND SHARMA),J DAKSH/46