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2025 DIGILAW 148 (RAJ)

Vijay Kumar Yadav S/o Shri Ratan Lal Yadav v. State of Rajasthan

2025-01-27

DINESH MEHTA

body2025
Order : DINESH MEHTA, J. 1. By way of present writ petition, the petitioner has raised a grievance that the respondents have not paid him remuneration for the period between 14.12.2023 to 13.12.2024, when he had worked as Senior Resident. 2. Mr. Rajpurohit, Learned Additional Advocate General submitted that an NOC was inadvertently issued to the petitioner under an impression that he is a regular employee, whereas he was a probationer at the relevant time. 3. He invited Court’s attention towards the circular dated 30.01.2019 and submitted that since the petitioner was working as probationer on the post of Medical Officer, ‘No Objection Certificate’ for Senior Residentship could not be given. He submitted in other words that NOC can be given only in case when a candidate completes probation period. He argued that since the petitioner had not completed the probation period, the NOC was irregular and hence, the petitioner is not entitled for remuneration as NOC which was issued to him was irregular. 4. Learned Additional Advocate General also relied upon the memorandum dated 21.02.2021 and submitted that in case petitioner applies for extra ordinary leave, the same would be sanctioned in accordance with law, however his probation period would be extended to the extent of the leave. He assured that once the leave is sanctioned, he shall obviously be paid stipend/honorarium for Senior Residentship for the period which he had served. 5. Maybe, the ‘NOC’ was not granted in accordance with law but there was no concealment on the part of the petitioner. Be that as it may. In view of the stand taken by the State, the present petition stands disposed of, by directing the petitioner to file a representation/application for extra ordinary leave. 6. Once petitioner’s leave is sanctioned, the respondent shall pay his due honorarium (for Senior Residentship) within a period of four weeks from placing a certified copy of the order instant. 7. The respondent-State shall be free to extend petitioner’s probation period correspondingly. 8. The petitioner shall nevertheless, be deemed to continue in service without any break. 9. Stay application also stands disposed of, accordingly.