Rajasthan High Court – Jaipur
Dr. Magan Das Vaishnava S/O Narayan Das … vs State Of Rajasthan … on 17 April, 2025
Bench: Manindra Mohan Shrivastava, Anand Sharma
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 5524/2025
Dr. Magan Das Vaishnava S/o Narayan Das Vaishnava, R/o 227,
Sadar Bazar Bagana, Rajsamand, Rajasthan, 313331
----Petitioner
Versus
1. State Of Rajasthan, Through Additional Chief Secretary,
Department Of Ayurveda (Ayush) Government Of
Rajasthan, Government Secretariat, Jaipur.
2. State Of Rajasthan, Through Principal Secretary,
Department Of Ayurveda And Bhartiyachikitsa (Ayush),
Government Of Rajasthan, Government Secretariat,
Jaipur.
3. Dy. Secretary, Department Of Ayurveda And
Bhartiyachikitsa (Ayush) Government Of Rajasthan,
Government Secretariat, Jaipur.
4. State Of Rajasthan, Through Principal Secretary,
Department Of Personnel, Government Secretariat,
Jaipur.
5. Director Ayurveda, Directorate Of Ayurveda, Ajmer.
----Respondents
For Petitioner(s) : Mr. Anuraag Sharma on behalf of
Mr. Rishabh Khandelwal
For Respondent(s) : Mr. Bhuwnesh Sharma, AAG assisted
by Mr. Samee Khan
HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE ANAND SHARMA
Order
17/04/2025
1. Mr. Bhuwnesh Sharma, learned Additional Advocate General
appears on behalf of respondents on advance copy.
2. After the order was passed by this Court earlier on
20.09.2024 in another petition, new developments have been
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brought to the notice of this Court, one of them regarding
dismissal of the Review Petition by the Hon'ble Supreme Court
filed in the case of State of Rajasthan & Ors. Vs. Dr. Mahesh
Chandra Sharma on 15.10.2024, as stated at the bar by learned
counsel for the petitioners.
3. Learned counsel for the petitioner has also placed before this
Court order dated 27.09.2024 passed by the Hon’ble Supreme
Court in the case of The State of Rajasthan & Ors. Vs. Pyare
Lal Meena & Ors. (Special Leave to Appeal (C)
No.10560/2024), wherein the Hon’ble Supreme Court has
clarified that there is no stay on the judgment of the High Court
and further that in the event the outstanding towards salary has
not been paid, the same shall be cleared within a period of one
week. Learned counsel for the petitioner further submitted that in
the present case, the petitioner has retired and crossed the age of
62 years as on date.
4. In view of the above developments, we need not keep this
petition pending and same is also finally disposed off in terms of
order passed earlier by this Court in the case of Dr. Mahesh
Chandra Sharma & Ors. Vs. State of Rajasthan & Ors. and
other connected matters (D.B. Civil Writ Petition
No.13496/2021), decided on 13.07.2022. As the petitioner has
retired and crossed the age of 62 years, he shall be deemed to
have continued in service upto 62 years. This will require the
respondents-authority to pass necessary orders treating them in
service till attaining the age of 62 years in individual cases with
consequential benefits of continuity of service. All other
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consequential action would also be required to be taken which
include refixation of pension and other benefits.
(ANAND SHARMA),J (MANINDRA MOHAN SHRIVASTAVA),CJ
KAMLESH KUMAR-RAHUL/6
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