Rajasthan High Court - Jaipur
Hari Ram Jatav And Ors vs State (Medical An Healt Dept) Ors on 18 May, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 7610 / 2017
1. Hari Ram Jatav S/o Shri Balu Ram, B/c Jatav, Aged About 65
Years, R/o Village Patonda, Post Shrimahaveer Ji, Tehsil Hindaun
City, District Karauli ; Retired on 31-07-2012 From the Post of
MPW At Sub Centre Mohcha Under Block Chief Medical and Health
Officer, Gangapur City, District Sawaimadhopur.
2. Sampo Devi W/o Shri Girraj Prasad Meena (Since Deceased on
10.02.2016, Retired on 31.05.2002 From the Post of MPW At PHC
Sewa, Under Block Chief Medical and Health Officer, Gangapur
City, District Sawaimadhopur), B/c Meena, Aged About 65 Years,
R/o Bamanpara, Near Pulia Sewa, District Sawaimadhopur.
3. Kesar Devi W/o Shri Ramkishan Jatav (Since Deceased on
09.09.2011, Retired From the Post of MPW At Block Chief Medical
and Health Officer, Gangapur City, District Sawaimadhopur), B/c
Jatav, Aged About 65 Years, Jatav Basti, Hindaun City, District
Karauli.
4. Rukmani Devi W/o Murari Lal Sharma, (Since Deceased, Retired
on 30.04.2001 From the Post of MPW At PHC Masalpur, Under
Deputy Chief Medical and Health Officer Karauli), B/c Brahmin,
Aged About 75 Years, R/o Behind of Tata Work Shop, Hindaun
Karauli Road, Kachrauli, Tehsil Hindaun District Karauli
5. Kirodi Lal Sharma S/o Shri Moti Lal, B/c Brahmin, Aged About
79 Years, R/o Near Old Hospital, Masalpur, District Karauli, Retired
on 31.01.1996 on the Post of MPW At PHC Masalpur, Under Deputy
Chief Medical and Health Officer Karauli
----Petitioners
Versus
1. The State of Rajasthan Through Principal Secretary, Medical &
Health Department, Rajasthan Secretariat Jaipur
2. The Director Pension Department,, Jyoti Nagar, Jaipur
3. The Director, Medical & Health Services,, Swasth Bhawan
Rajasthan, Jaipur
4. The Chief Medical and Health Officer, Sawaimadhopur
5. The Chief Medical and Health Officer, Karauli
6. Deputy Chief Medical and Health Officer, Karauli
7. Block Chief Medical and Health Officer,, Gangapur City, District
Sawaimadhopur
8. Block Chief Medical and Health Officer, Karauli,, District Karauli
----Respondents
_____________________________________________________ (2 of 3) [CW-7610/2017] For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) :
_____________________________________________________ HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Judgment / Order 18/05/2017 Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application is no more res-integra in view of the adjudication made by a Coordinate Bench of this Court in a batch of writ applications leading case being S. B. Civil Writ Petition Number 20968/2013 (State of Rajasthan & Ors. Vs. Rajasthan Civil Service Appellate Tribunal, Jaipur & Anr.), decided on 22nd January, 2016, holding thus:
"In view of the above, all these writ petitions are disposed of and ordered to be governed by the judgment of Division Bench in the case of Govind Dan Charan. The order passed by the Tribunal would obviously be now governed by the judgment of Division Bench and, if any direction has been given contrary to the judgment of Division Bench then would not apply against the Government or to the respondents.
It is, however, made clear that if the judgment of Division Bench is challecged by maintaining SLP or review petition then this order would reamain subject to final outcome of the review or SLP, if preferred, by the State Government and whatever order is passed therein, would ipso facto apply to this judgment. If the judgment of Division Bench is upheld or not reviewed, obvioulsy the direction given herein would apply to the parties. However, in case of interference in the judgment of Division Bench, it would also apply to the parties herein, thus this judgment would finally be governed by the outcome of the review petition or SLP before the Apex Court."
In view of the above, the instant writ application stands disposed off in terms of the order in the batch of the writ (3 of 3) [CW-7610/2017] applications aforesaid, with the directions as extracted hereinabove.
The State respondents would comply with this order within four months from the date a certified copy of the order is presented.
(VEERENDR SINGH SIRADHANA)J. SS/194