HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 9202/2022

Dr. Viveksheel Meena S/o Shri Rohitashwa Meena, Aged About

27 Years, R/o Village And Post Jahaj, Tehsil Udaipurwati, District

Jhunjhunu (Raj.)

----Petitioner

Versus

1.

State Of Rajasthan, Through Its Principal Secretary,

Medical Education Department, Government Of

Rajasthan, Secretariat, Jaipur.

2.

The Principal Secretary, Medical And Health Department,

Government Rajasthan, Secretariat, Jaipur.

3.

Director (Public Health) Medical And Health Services,

Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

4.

The Chairman, Neet Pg Medical Admission/ Counseling

Board-2022, Government Dental College (RUHS College

Of Dental Sciences), Subhash Nagar, Behind T.b. Hospital,

Jaipur.

5.

Chief Medical And Health Officer, Jhunjhunu (Raj.)

6.

Secretary, Ministry Of Health And Family Welfare,

Government Of India, Nirman Bhawan, New Delhi.

----Respondents

For Petitioner(s)

:

Mr.Mahendra Singh Gurjar, Adv.

For Respondent(s)

:

Dr.V.B.Sharma, AAG with Mr.Harshal

Tholia, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

24/08/2022

This writ petition has been filed by the petitioner challenging

the action of the respondents of excluding the period of 152 days

i.e. from 04.02.2021 to 07.06.2021 including sanctioned leave of

37 days, while taking into account the service rendered by the

(2 of 12)

[CW-9202/2022]

petitioner in the rural area for the purpose of grant of bonus

marks for admission in Post Graduate Medical Course.

The petitioner has also prayed that his total experience is

required to be counted for 765 days instead of 613 days and as

such directions is sought for issuance of a fresh experience

certificate in favour of the petitioner.

Learned counsel for the petitioner submitted that the

petitioner was substantively appointed as Medical Officer in

pursuance of the appointment order dated 25.03.2020 and he had

joined on 27.03.2020 and on the same day CMHO, Jhunjhunu had

posted the petitioner in Primary Health Centre, Pachlanagi, Block

Udaipurwati, District Jhunjhunu.

Learned counsel submitted that the petitioner was

transferred from PHC Pachlangi, District Jhunjhunun to PHC

Panniyawali Jata, District Shri Ganganagar vide order dated

30.12.2020, during his probation period and the petitioner feeling

aggrieved against such transfer order filed an Appeal No.556/2021

before the Civil Service Appellate Tribunal and the same came to

be disposed of on 28.01.2021 with a direction to the petitioner to

file representation raising grievance about his transfer before the

Competent Authority and it was to be decided within 15 days by a

speaking order, till then operation of the transfer and relieving

order, was stayed.

Learned counsel submitted that the petitioner was not

permitted to join at his original place of posting i.e. Pachlangi and

as such he was later on allowed to join on 04.02.2021 at

Directorate, Jaipur and remained there under Awaiting Posting

Order (APO).

(3 of 12)

[CW-9202/2022]

Learned counsel submitted that the representation submitted

by the petitioner was rejected vide communication dated

04.05.2021 and the petitioner was asked to join at new place of

posting.

Learned counsel submitted that the petitioner feeling

aggrieved against the rejection of his representation, again filed

Appeal No.1556/2021 and the Tribunal passed an interim order in

favour of the petitioner and allowed him to join at his old place of

posting.

Learned counsel submitted that the petitioner was not

allowed to serve in rural area in spite of stay order in his favour

and he was kept under Awaiting Posting Order and finally appeal

of the petitioner was allowed on 12.03.2021, as such he remained

under APO at Directorate, Jaipur and vide order dated 07.06.2021,

the petitioner was relieved from APO and he joined at Primary

Heal