Dr Rambabu Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 18062 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       WP No. 19778 of 2022
                                     (DR RAMBABU SHARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 30-10-2023
                                 Shri S.K. Shrivastava - Advocate for petitioner.

                                 Shri Ankur Mody - Additional Advocate General for respondent/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 Ankur Mody, learned Additional Advocate General, for respondents/State opposed the prayer with the following submissions 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

Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 10/30/2023 6:59:38 PM

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 Mody, 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. Nevertheles s , 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 along with the connected matters after four weeks.

                                (ROHIT ARYA)                                   (AMAR NATH (KESHARWANI))
                                   JUDGE                                                JUDGE

                           pd




Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 10/30/2023
6:59:38 PM