Dr. Shyam Babu Soni vs The State Of Madhya Pradesh
2022 Latest Caselaw 6110 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                               WP No. 3276 of 2022
            (DR. SHYAM BABU SONI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 25-04-2022
      Shri S.K. Shrivastava, learned counsel for petitioner.

      Shri M.P.S. Rghuvanshi, learned Additional Advocate General for
respondents/State.

Petitioner seeks parity with the order passed by co-ordinate Bench of Principal Seat at Jabalpur on 18/11/2021 in WP No.24526/2021 [Dr. Meeta Bisariya Vs. The State of Madhya Pradesh And Others]; operative portion of

which is read as under:-

"Hence, we are of the prima facie view that the petitioner herein and Ayush Doctors are also entitled to work until they attain the age of 65 years. Hence to that extent, the interim order is granted enabling the petitioner who is an Ayush Doctor to work till she attains the age of 65 years."

Shri M.P.S. Raghuvanshi, learned Additional Advocate General for respondents/State opposed the prayer with the following submission that:-

If the interim relief as sought for is granted,

(i) the same shall tantamount to allowing the Writ Petition;

(ii) for want of enactment in that behalf, such interim recourse shall tantamount to legislation in the light of judgments of the Hon'ble Supreme Court in State of Uttar Pradesh And Others Vs. Sandeep Kumar Balmiki And Others reported in (2009) 17 SCC 555 & State of Assam Vs. Barak Upatyaka D.U. Karmachari Sanstha reported in (2009) 5 SCC 694;

(iii) during currency of the petition, if petitioner completes the age of 65 years, as a matter of fact, nothing shall survive to address upon in this Writ Petition and exercise, if any, to be undertaken at that time, shall be mere academic.

Indeed, the submission advanced by Shri M.P.S. Raghuvanshi, learned Additional Advocate General for respondents/State may have substantial force in the eyes of law, nevertheless, this Court, bearing in mind the concept of judicial discipline, orders maintaining parity with the aforesaid order.

It is ordered, accordingly, to permit the petitioner to perform his duties. Nevertheless, the order passed today, shall be subject to variation/modification/vacation, as the case may be, of the order quoted above, by the co-ordinate Bench of Principal Seat at Jabalpur on an application for vacation

of stay filed by the respondents/State vide I.A. No.3560/2022 in WP No.24526/2021 [Dr. Meeta Bisariya Vs. The State of Madhya Pradesh And Others].

List the case after Summer Vacation, 2022.

(ROHIT ARYA) (MILIND RAMESH PHADKE) JUDGE JUDGE

(Dubey)

Digitally signed by SUNEEL DUBEY DN: c=IN, o=HIGH COURT OF MADHYA

SUNEEL PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=157244b0239a6fd662b29b00a11fc

DUBEY 66a5e160f585aa7a92425f380d476b32818, pseudonym=046B231C591E29491F36ABD1 56EBF3A713937186, serialNumber=4009CAE962958E019ADDF0 4E87EFD5C07FA5D0C38532D550F61B5540 1A275B8C, cn=SUNEEL DUBEY Date: 2022.04.25 21:06:07 -07'00'