Rajasthan High Court – Jaipur
Dr Surendra Kumar Sharma S/O Shri … vs State Of Rajasthan … on 3 January, 2025
Bench: Manindra Mohan Shrivastava, Bhuwan Goyal
[2025:RJ-JP:307-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Writ Petition No. 19672/2024
1. Dr Surendra Kumar Sharma S/o Shri Jagannath Prasad
Sharma, Aged About 67 Years, Resident Of 693,behind
Central Academy, Mahaveer Nagar, Gopalpura Mode, Tonk
Road, Jaipur, Rajasthan 302017
2. Dr Braj Mohan Panchal S/o Shri Bishan Lal Panchal, Aged
About 64 Years, Resident Of 330- B, Bajrang Nagar,
Nayapura, Kota, Rajasthan -
3. Dr Madhu Sudan Vaishnav S/o Shri Girdhari Das
Vaishnav, Aged About 65 Years, Resident Of 124, Bajrang
Nagar Police Line, Nayapura, Kota, Rajasthan - 324001
4. Dr Ghanshyam Malav S/o Shri Dev Lal, Aged About 63
Years, Resident Of 154, Siswali Road, Keshav Colony,
Antah, Baran, Rajasthan - 325202
5. Dr Ashwini Kumar Sharma S/o Shri Hiralal Sharma, Aged
About 67 Years, Resident Of Bank Road Awan, Kota,
Rajasthan - 325602
6. Dr Mrigendra Joshi S/o Shri Dau Dayal Joshi, Aged About
64 Years, Resident Of H.no. 1 Gha, 36 Dadabadi, Kota,
Rajasthan - 324007
7. Dr Virendra Kumar Pareek S/o Krishn Gopal Pareek, Aged
About 66 Years, Resident Of 139, Dadabadi Vistar Yojana,
Kota, Rajasthan - 324009
8. Dr Satish Chandra Rawal S/o Shri Heera Lal, Aged About
67 Years, Resident, Village And Post Kanwara, Jhalawar,
Rajasthan - 326501
9. Dr Subhash Chander Bhardwaj S/o Shri Girdhari Lal
Sharma, Aged About 66 Years, Resident Of Dudhwa,
Jhunjhunu, Rajasthan 332746
10. Dr Gopal Lal Gautam S/o Shri Ram Prasad Gautam, Aged
About 64 Years, Resident Of 614, Ramanujan House,
Nagar Vanasthali Vidyapeeth, Tonk, Rajasthan - 304022
11. Dr Suresh Chandra S/o Shri Babulal, Aged About 68
Years, Resident Of Plot No. 16, Behind Sub Jail, Meena
Colony, Sawai Madhopur, Rajasthan - 322001
12. Dr Muralidhar Gupta S/o Shri Purushottam Lal Gupta,
Aged About 68 Years, Resident Of Krishana Colony,
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Hospital Road, Baran, Rajasthan - 325205
13. Dr Rajkanwar Yadav S/o Shri Moharsingh Yadav, Aged
About 66 Years, Resident Of 1, Shree Ram Nagar Vistar,
100 Feet, Kalwar Road, Vistar, Jaipur Rajasthan - 302012
14. Dr Veena Audichya W/o Anil Kumar Audichya, Aged About
68 Years, Resident Of A-551, Maheswari Public School Ke
Pass, Shri Nath Puram, Engineering College, Kota,
Rajasthan - 324010
15. Dr Dharmendra Kumar Sharma S/o Shri Bhavani Shankar
Sharma, Aged About 66 Years, Resident Of Satsang
Bhawan Marg, Kali Mata Ka Mandir, Rajpura, Ward No. 20,
Baran, Rajasthan 325205
16. Dr Mahesh Chand Chhipi S/o Shri Baliram Chhipi, Aged
About 64 Years, Resident Of 36, Post Office Ke Pass,
Wazeerpur, Sawai Madhopur, Rajasthan 322219
17. Dr Kailash Chand Gupta S/o Shri Ramvilash Gupta, Aged
About 64 Years, Resident Of Bag Basti, The- Wazeerpur,
Sawai Madhopur, Rajasthan - 322219
18. Dr Suresh Chandra Pathak S/o Shri Nathu Lal Padhya,
Aged About 68 Years, Resident Of A-1, Marg A-5,
Kumavat Colony, Khatipura, Jaipur, Rajasthan 302012
19. Dr Girraj Prasad Tiwari S/o Shri Durga Lal Tiwari, Aged
About 65 Years, Resident Of 1, New Housing Board,
Ranthambore Road, Sawai Madhopur, Rajasthan 32201
20. Dr Ashok Kumar Parmar S/o Shri Nekram, Aged About 67
Years, Resident Of B-20, Shiv Marg, Mittal Colony,
Dholpur, Rajasthan 328001
21. Dr Chandra Mohan Gupta S/o Late Shri Kirodi Lal Gupta,
Aged About 63 Years, Resident Of B-333, Bajrang Nagar,
Police Line, Kota, Rajasthan - 324006
----Petitioners
Versus
1. State Of Rajasthan, Through Its Additional Chief
Secretary, Department Of Finance ( Rules Division),
Government Of Rajasthan , Government Secretariat,
Jaipur.
2. The Principal Secretary, Ayurved And Bhartiya Chikitsa
Vibhag, Government Of Rajasthan Government
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Secretariat Jaipur.
3. The Deputy Secretary, Ayurved And Bhartiya Chiktsa
Vibhag, Government Of Rajasthan Government
Secretariat, Jaipur.
4. The Director, Ayurved And Bhartiya Chikitsa Vibhag, ,
Government Of Rajasthan Ajmer.
5. Director, Pension And Pensioners Welfare, Government Of
Rajasthan, Jyoti Nagar, Lalkothi Jaipur
----Respondents
For Petitioners : Mr. Yash Tiwari, Adv. with Mr. Vishwas
Sharma, Adv.
For Respondents : Mr. Samee Khan, Adv. on behalf of
Mr. Bhuwnesh Sharma, Additional
Advocate General.
HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE BHUWAN GOYAL
Order
03/01/2025
1. After the order was passed by this Court earlier on
20.09.2024 in another petition, new developments have been
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.
2. Learned counsel for the petitioners 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
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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 petitioners further submitted that
in the present case, the petitioners have retired and crossed the
age of 62 years as on date.
3. 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 petitioners
have retired and crossed the age of 62 years, they 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 consequential action would also be required to
be taken which include refixation of pension and other benefits.
(BHUWAN GOYAL),J (MANINDRA MOHAN SHRIVASTAVA),CJ
MANOJ NARWANI-Anu /17
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