Dr. Karuna Chauhan vs The State Of Madhya Pradesh
2022 Latest Caselaw 6574 MP

                                      1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                               WP No. 8299 of 2022
           (DR. KARUNA CHAUHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 02-05-2022
      Shri Prashant Sharma, learned counsel for petitioner.

      Shri Varun Kaushik, learned counsel for respondents/State.

Petitioner is holding the post of Lecturer in Government Autonomous Ayurved College and Hospital, Gwalior. He 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 Varun Kaushik, learned Government Advocate 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 Kaushik 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)                                                  (DEEPAK KUMAR AGARWAL)
     JUDGE                                                               JUDGE

yog




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                           VERMA
                           2022.05.0
                           4 12:13:52
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        2018.10.26
        15:14:29 -07'00'




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