Facts of the Case

This is S.B. Civil Writ Petition No. 168/2019 before the Rajasthan High Court, Jaipur Bench, filed by Kiran Khiriya, a Medical Officer working on a contract basis under the National Health Mission (RBSK), against the State of Rajasthan and health authorities. This case has no substantive connection to GST at all — the word 'Gst' appears only as part of the petitioner's residential address ('Ist Floor, Gst Colony, Todi Nagar'). The petitioner had been protected by an interim order dated 7 January 2019, allowing her to continue on her post pending disposal of the writ petition. During the pendency of the case, she was appointed to the post on a regular basis.

Issues Involved

  1. Whether any further adjudication on merits was required once the petitioner had been regularly appointed during the pendency of the writ petition.

Petitioner's Arguments

  • She had been working on a contract basis at the time of filing the petition, but was appointed on a regular basis during its pendency, and had also received the benefit of bonus marks on account of the interim order.
  • The petition may be considered only for the limited purpose of recognising her actual working period.

Respondent's Arguments

  • No specific counter-submissions are recorded; the matter was disposed of based on the subsequent development of the petitioner's regular appointment.

Court Order / Findings

  • The Court found that since the petitioner had subsequently been appointed on a regular basis, and the interim order of 7 January 2019 had protected her interest to continue even on a contract basis in the meantime, the writ petition did not require adjudication on merits.
  • The interim order dated 7 January 2019 was made absolute, and the writ petition was disposed of accordingly.

Important Clarification

This is purely a service-law disposal with no GST content whatsoever — the reference to 'Gst Colony' in the petitioner's address should not be mistaken for any GST subject matter. The order simply records that the interim protection given to the petitioner was made permanent once her regularisation mooted the dispute.

Sections Involved

  • Article 226, Constitution of India — writ jurisdiction in service matters

Decision – In Favour of

In favour of the petitioner — the interim order protecting her continuation in service was made absolute, though this followed from her subsequent regular appointment rather than any adjudication of the original dispute on merits.

Case Details

Court: High Court of Judicature for Rajasthan, Bench at Jaipur
Case No.: S.B. Civil Writ Petition No. 168/2019
Coram: Justice Ashok Kumar Gaur
Date: 10 August 2023

Link to Download the Order

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