Dr. Anand Kishore Khare vs The State Of Madhya Pradesh
2022 Latest Caselaw 119 MP

                                         1                               WP-15996-2021
               The High Court Of Madhya Pradesh
                        WP No. 15996 of 2021
              (DR. ANAND KISHORE KHARE Vs THE STATE OF MADHYA PRADESH AND OTHERS)


     Gwalior, Dated : 03-01-2022
             Shri N.K.Gupta, learned Senior Counsel with Shri S.D.Singh, learned

     counsel for the petitioner.
             Shri Varun Kaushik, learned          Government Advocate for the
     respondents/State.

Shri Gupta submits that the controversy involved in this case is no

mo re res integra and stands concluded by the judgment of the Hon'ble Supreme Court in the case of North Delhi Municipal Corporation Vs. Dr. Ram Naresh Sharma and others (Annexure P/4). Besides, the Coordinate Bench at Principal Seat has also granted interim relief to similarly situated persons for continuing up to 65 years of age relying upon the judgment of the Hon'ble Supreme Court in the case of North Delhi Municipal Corporation (supra). As such, the petitioner, who is arbitrarily retired at the age of 62 years on 31st of August 2021, may be permitted to perform duties allowing this petition.

Shri Varun Kaushik, learned Government Advocate appearing for the respondents/State submits that the judgment of the Hon'ble Supreme Court in the case of North Delhi Municipal Corporation (supra) does not apply to the petitioner as appointment of Ayush doctors in the State and in the Center is governed by different sets of rules.

This Court refrains from commenting upon this contention. The prayer for early hearing of the petition in the obtaining facts and circumstances is acceded to.

List this case for orders on 10.02.2022.

(ROHIT ARYA) JUDGE SP

SANJEEV KUMAR PHANSE 2022.01.04 11:12:08 +05'30'