Rajasthan High Court - Jodhpur
Smt. Kanchan Devi Payak vs State Of Rajasthan & Ors on 15 May, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Misc Applicatio No. 129 / 2018
Smt. Kanchan Devi Payak W/o Late Shri Phoj Mal Payak Solanki,
Aged About 65 Years, Resident of 88, Gayatri Nagar, Mandir Wali
Gali, Bhilwara.
----Petitioner
Versus
1. The State of Rajasthan Through Secretary to the Government,
Medical and Health Department, Government of Rajasthan,
Secretariat, Jaipur (Raj.).
2. Director, Medical Health & Family Welfare Department,
Sawasthya Bhawan, Jaipur.
3. Additional Director (Admn.), Department of Medical and Health,
Swasthya Bhawan, Jaipur.
4. Chief Medical and Health Officer, Bhilwara.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr.Sanjay Nahar.
_____________________________________________________
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 15/05/2018 An application has been filed by the petitioner for impleading Chief Medical and Health Officer, Udaipur as party respondent no.5.
The writ petition was filed by the petitioner against 4 respondents including Chief Medical and Health Officer, Bhilwara respondent no.4. The writ petition came to be allowed by order dated 19.2.2018 being governed by the judgment in the case of Govind Dan Charan vs. State of Rajasthan & Ors. (D.B. Civil Special (Writ) No.1068/2014) decided on 17.12.2015.
It is inter alia indicated in the application that when the (2 of 2) [WMAP-129/2018] petitioner approached the respondents for implementation of the order dated 19.2.2018 passed by this Court, she was informed that the concerned authority would be Chief Medical and Health Officer, Udaipur and not Chief Medical and Health Officer, Bhilwara and in those circumstances, a prayer has been made that the said Chief Medical and Health Officer, Udaipur may be impleaded as party to the writ petition.
Once the writ petition already stands decided by order dated 19.2.2018, there does not appear to be any justification for implementation of any additional party in a decided case.
However, as the directions have been issued to the State of Rajasthan through the Secretary to the Government, the Director, Medical Health & Family Welfare Department and to the Additional Director (Administration), Department of Medical & Health who are respondents to the writ petition, the Chief Medical and Health Officer, Udaipur would be equally under obligation to do the needful in terms of the directions issued by this Court and, therefore, the said Chief Medical and Health Officer, Udaipur is also directed to comply with the directions dated 19.2.2018 issued by this Court in S.B. Civil Writ Petition No.2178/2018.
With the above direction, this application stands disposed of.
(ARUN BHANSALI)J. S.Phophaliya/-