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SMT KUNJA DEVI versus THE UNION OF INDIA & ORS

High Court of Rajasthan

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SMT KUNJA DEVI v THE UNION OF INDIA & ORS - CW Case No. 336 of 2006 [2006] RD-RJ 237 (23 February 2006)

S.B. Civil Writ Petition No.336/06 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. S.K. Singodiya, for petitioner

Ms. Priyanka Pareek, for respondents

Ms. Priyanka Pareek puts in appearance for all the respondents.

Service is complete. She wants one week's time to file reply. Any rejoinder, if required, may be filed within one week thereafter.

List after two weeks. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.10100/05 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mrs. Sangeeta Sharma, for petitioner

Mr. B.K. Sharma, Dy.G.A.

Mr. B.K. Sharma, Dy.G.A. puts in appearance for the respondents.

Service is complete. He wants time to file reply. One set of copy of writ petition be supplied to him.

List after four weeks after showing the name of Government

Advocate in the cause list. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.10074/05 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. G.K. Jain, for petitioner

Mr. B.K. Sharma, Dy.G.A.

Respondents are duly served. Mr. B.K. Sharma, Dy.G.A. puts in appearance for the respondents. Service is complete. He wants time to file reply. One set of copy of writ petition be supplied to him.

List after four weeks after showing the name of Government

Advocate in the cause list. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.6494/05 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. Dharamveer Tholia, for petitioner

Counsel submits that the petitioner is widow lady and did her

Secondary from Board of Secondary Education and at the relevant time,

Mathematics was optional subject, as such she opt for Social Science, but by virtue of condition of eligibility laid down by the respondents in the advertisement, she has been considered to be ineligible.

Admit. Issue notice. Issue notice of stay application also, returnable by four weeks. Notices be given 'dasti'.

In the meanwhile, the respondents are directed to consider the application of the petitioner provisionally for selection for the post of Teacher Gr.III in pursuant to relevant advertisement.

Connect with C.W. No.6498/05. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.3700/05 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. D.P. Sharma, for petitioner

Counsel contends that petitioner is a retired personnel and he claimed his due with respect to leave encashment, gratuity and selection scale.

Learned Tribunal accepted his grievance so far as leave encashment and gratuity is concerned, but, despite taking note of

Full Bench judgment of this court reported in 2002 (3) WLC-586 has declined to grant him the benefit of selection scale merely for the reason that there is a separate circular issued by the Government in this regard.

Admit. Issue notice, returnable by four weeks. [Ajay Rastogi],J.

FRB

S.B. Civil Contempt Petition No.496/05 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr.Arvind Soni for Mr.Mahendra Shah, for petitioner

Counsel for petitioner submits that the order of this court dt.6th July, 2004 has still not been complied with by the respondents despite notice of contempt being served.

Issue notice to the respondents-contemners as to why the contempt proceedings be not initiated against them for non-compliance of the order of this court dt.6th July, 2004. [Ajay Rastogi],J.

FRB

S.B. Civil Contempt Petition No.273/05 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. Sanjay Rahar, for petitioner

It has been brought to my notice that the order of which contempt petition has been filed, is pending before the Division

Bench in appeal.

List after one month. [Ajay Rastogi],J.

FRB

S.B. Civil Review Application No.157/05 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. P.V. Calla, for petitioner

Counsel wants time to file affidavit in support of service effected upon the respondents by him.

List on 2nd March, 2006. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.6780/04 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. Dharmendra Jain, for petitioner

Counsel for petitioner wants time to comply with the order of this court dt.20th January, 2006.

List after two weeks. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.5488/99 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

None for petitioner

Mr. B.K. Sharma, Dy.G.A.

Admit. Fresh notices need not to be issued since the respondents are duly represented by their counsel.

Put up in due course along with C.W. No.5866/99. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.5866/99 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

None for petitioner

Mr. B.K. Sharma, Dy.G.A.

Admit. Fresh notices need not to be issued since the respondents are duly represented by their counsel.

Put up in due course. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.1400/06 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. Ganesh Meena, for petitioner

Counsel contends that the petitioner on attaining the age of superannuation retired from service on 31st March, 1999 and he has now been served notice of making recovery from him vide order dt.13th

January, 2006 [Ann.8] despite the fact that explanation was submitted by him on 4th June, 1997 itself and according to him, the amount, which has been shown to be outstanding, has already been adjusted by the respondents.

Admit. Issue notice, returnable by four weeks. Notices be given 'dasti'.

In the meanwhile and until further orders, operation of order dt.13th January, 2006 [Ann.8] shall remain stayed. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.1392/06 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. Arun Sharma, for petitioner

Counsel contends that the petitioner is member of OBC in both the States Haryana/Rajasthan and certificates to this effect have been submitted by her as Ann.3 & Ann.4 respectively. She applied for the post of Medical Officer as OBC candidate in pursuant to th advertisement dt.5 July, 2005 [Ann.6], but her candidature has been rejected by the Commission on the premise that she being OBC from

State of Haryana, the benefit of same cannot be extended to her in the State of Rajasthan in OBC women category despite the fact that she is being considered in OBC category even by the State of

Rajasthan also.

Admit. Issue notice, returnable by four weeks. Notices be given 'dasti'.

In the meanwhile, the Commission is directed to allow the petitioner to participate in the process of selection for the post of

Medical Officer in pursuant to advertisement dt.5th July, 2005 [Ann.6] on provisional basis and her result of interview be kept in a sealed cover. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.1380/06 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. Lokesh Sharma, for petitioner

Mr. Virendra Lodha, for respondents

Mr. Virendra Lodha submits that he has instruction to appear in the matter, therefore, he is directed to accept notice on behalf of respondents. He wants time to file reply to the writ petition. One set of copy of writ petition be supplied to him today. 27th

List on February, 2006 after showing the name of Mr.

Virendra Lodha as counsel for respondents in the cause list. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.1146/06 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. Jitender Mitruka, for petitioner

Counsel contends that earlier the petitioner was transferred to

Sujangarh and because of interference by the Tribunal, her transfer order has been cancelled, but despite stay of Tribunal, for the intervening period her salary was not released. In pursuant to order of transfer, which has been impugned in the present writ petition, dt.23rd January, 2006, she has been asked to report at the office of

Joint Director, Medical & Health Zone Bikaner and he will give her further posting and in the absence of her posting, it will be difficult for her to get salary.

Issue notice to the respondents, returnable by four weeks.

Notices be given 'dasti'. Copy of this order along with notice be also sent to the respondents. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.864/06 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. R.P. Vijay, for petitioner

Counsel contends that under Schedule of penalty provided under

Rule 38 with-holding of increment with cumulative effect has been provided as a minor penalty, whereas this court after considering the overall aspect finally held that with-holding of increment with cumulative is a major penalty and which can be inflicted upon delinquent only after holding a regular inquiry.

Admit. Issue notice, returnable by four weeks. Notices be given 'dasti'. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.388/06 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. V.K. Joshi, for petitioner

Counsel submits that common question is involved in the identical Writ Petition No.9956/05, which has been admitted by this court.

Admit. Issue notice, returnable by four weeks. Notices be given 'dasti'.

Since there is already general stay granted in this respect of impugned decision of the respondents, no ex-parte stay order is required to be passed in the present matter at this stage.

Connect with C.W. No.9956/05. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No. 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. Sanjeev Prakash Sharma, for petitioner

Counsel contends that all the petitioners are working for a period of more than three years on ad-hoc/contract basis as Medical

Officer and in view of judgment of this court in RPSC Vs. Dr.

Narendra Kumar Mangal [2001 (2) WLC-677], this controversy has been considered and such Doctors, who have completed more than three years of service, were granted exemption from screening and called for interview for the post in question.

Admit. Issue notice, returnable by four weeks. Notices be given 'dasti'.

For interim relief, counsel has brought to my notice the order passed by me in Stay Application No.60/06 [C.W. No.62/06] after hearing the parties on 6th February, 2006.

Counsel has further informed that the interviews are in process.

Accordingly, the Commission is directed to allow the petitioners to appear for interview for the post of Medical Officer in pursuant to advertisement dt.5th July, 2005 who have completed three years of service as Medical Officer upto the last date of submitting application i.e upto 20.8.05 and their results be kept in sealed cover until further orders.

It is further made clear that their participation will not confer any right in their favour by virtue of interim order of this court. [Ajay Rastogi],J.

FRB

S.B. Civil Writ Petition No.1558/06 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. Madhav Mitra, for petitioner

Counsel contends that the petitioner is working for a period of more than three years on ad-hoc/contract basis as Medical Officer and in view of judgment of this court in RPSC Vs. Dr. Narendra Kumar

Mangal [2001 (2) WLC-677], this controversy has been considered and such Doctors, who have completed more than three years of service, were granted exemption from screening and called for interview for the post in question.

Admit. Issue notice, returnable by four weeks. Notices be given 'dasti'.

For interim relief, counsel has brought to my notice the order passed by me in Stay Application No.60/06 [C.W. No.62/06] after hearing the parties on 6th February, 2006.

Counsel has further informed that the interviews are in process.

Accordingly, the Commission is directed to allow the petitioner to appear for interview for the post of Medical Officer in pursuant to dt.5th advertisement July, 2005 who has completed three years of service as Medical Officer upto the last date of submitting application i.e upto 20.8.05 and his result be kept in sealed cover until further orders.

It is further made clear that his participation will not confer any right in his favour by virtue of interim order of this court. [Ajay Rastogi],J.

FRB

S.B. Civil Misc. Appeal No.856/99 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. Rakesh Bhargava, for appellant

Counsel for appellant orally requests for dispensing with service upon respondent No.1, which is not opposed. Ordered accordingly.

Contesting respondent No.2, RSRTC is duly represented by Mr.

Aladeen Khan.

Office is directed to check and proceed. [Ajay Rastogi],J.

FRB

S.B. Civil Misc. IInd Stay Application No.7386/05 23/02/2006

Hon'ble Mr. Justice Ajay Rastogi

Mr. Anil Upman, for petitioner

Mr. B.N. Sandhu, for respondents

The petitioner is working as daily wager since 1990 and in the writ petition, he has prayed for regularization of his service.

The second misc. stay application has been filed by the petitioner apprehending that because of filing of writ petition, the respondents may take any prejudicial action against him, but the court at that time has not considered it proper to pass any ex- parte/ad-interim stay order during the pendency. Since the petitioner was not permitted to work, he has filed second misc. stay application [Ajay Rastogi],J.

FRB


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