Kiran Khiriya W/O Sampat Singh vs. State Of Rajasthan
Facts
The petitioner, Kiran Khiriya, filed a writ petition challenging an order that affected her employment. She was initially working as a Medical Officer on a contract basis. On January 7, 2019, this Court passed an interim order allowing her to continue in her post. During the pendency of the writ petition, the petitioner was appointed on a regular basis. The interim order also provided her with the benefit of bonus marks. The petitioner's counsel submitted that the writ petition should be considered for granting relief solely concerning the actual working period of the petitioner, given her subsequent regular appointment.
Held
The Court held that since the petitioner has subsequently been appointed on a regular basis and the interim order dated January 7, 2019, had protected her interest by allowing her to continue even on a contract basis, the writ petition did not require any adjudication on merits. The Court found it appropriate to make the interim order absolute. The reasoning is based on the supervening event of the petitioner's regular appointment, which rendered the original challenge less critical, and the fact that the interim order had already served its purpose of protecting the petitioner's employment and related benefits during the pendency of the litigation. The operative direction was to make the interim order absolute and dispose of the writ petition.
Key Issues
1. Whether the interim order dated January 7, 2019, passed by this Court, should be made absolute, considering the petitioner's subsequent regular appointment as a Medical Officer? Petitioner's contention: The petitioner's counsel argued that since the petitioner has been appointed on a regular basis and the interim order protected her position, the writ petition should be disposed of by making the interim order absolute, focusing on the actual working period. The petitioner relied on the fact that the interim order allowed her to continue in her post and also granted her the benefit of bonus marks. Respondents' contention: The judgment does not record any specific arguments from the respondents. However, the Court's decision implies that the respondents did not oppose the making absolute of the interim order.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 168/2019 Kiran Khiriya W/o Sampat Singh, Aged About 29 Years, Resident Of Ist Floor, Gst Colony, Todi Nagar, In Front Of Dlf Mega Store, District Sikar, Rajasthan. ----Petitioner Versus
State Of Rajasthan, Through Its Principle Secretary, Department Of Medical And Health Services, Government Secretariat, Jaipur, Rajasthan.
Mission Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C - Scheme, Jaipur, Rajasthan.
Project Director, Rbsk, National Health Mission, Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur, Rajasthan.
Chief Medical And Health Officer, Dist. Sikar, Rajasthan. ----Respondents For Petitioner(s) : Mr.Abhimanyu Singh Yaduvanshi For Respondent(s) : Mr.Vivek Dangi, Dy.GC HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 10/08/2023 Learned counsel for the petitioner submitted that this Court on 07th January, 2019 had passed an interim order allowing the petitioner to continue on the post, which she was holding prior to passing of the impugned order. Learned counsel submitted that the petitioner was working as Medical Officer on contract basis at the time of filing
The judgment continues below.
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