Dr. Shivdutt Shrivastava vs The State Of Madhya Pradesh
2025 Latest Caselaw 3752 MP

Madhya Pradesh High Court

Dr. Shivdutt Shrivastava vs The State Of Madhya Pradesh on 11 August, 2025

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

          NEUTRAL CITATION NO. 2025:MPHC-JBP:37672




                                                               1                            WP-24167-2025
                              IN       THE     HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         BEFORE
                                         HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                   ON THE 11th OF AUGUST, 2025
                                                 WRIT PETITION No. 24167 of 2025
                                              DR. SHIVDUTT SHRIVASTAVA
                                                        Versus
                                       THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                     Shri Vishal Pateriya - Advocate for the petitioner.
                                     Shri Lalit Joglekar - GA for the State.
                                                                   ORDER

The petitioner is aggrieved by the order dated 25.11.2024 (Annexure P-2) by which the petitioner who was working as Addl. Director, Veterinary Assistant Surgeon, Directorate Animal Husbandary and Dairy, Bhopal has been superannuated on 31.3.2025 on attaining the age of 62 years.

2 . The counsel for the petitioner contends that the issue has been conclusively decided by the Division Bench of this Court in WP No.17639/2022 (Dr. O.P. Singh & Ors. Vs. State of Madhya Pradesh and

Ors.). In view of the said order, the order of retirement deserves to be set aside.

3 . The counsel for the State does not dispute that the Division Bench has dealt with the issue.

4 . The Division Bench in WP No.17639/2022 has held in paragraph 37 as under:

NEUTRAL CITATION NO. 2025:MPHC-JBP:37672

2 WP-24167-2025 "37. In view of the above discussion and settled position of law, we are of the considered view that the claim of the veterinary doctors in respect of enhancement of age of retirement should be at par with the Allopathic Doctors and Ayush Doctors. In consequence thereof, the impugned amendment so far as it excludes the veterinary doctors depriving of benefit of enhancement of age of retirement upto 65 years is declared discriminatory and unconstitutional on the principle of equality guaranteed under Article 14 of the Constitution of India. Consequently, we direct the State Government to come up with appropriate provision and rules fixing the age of retirement of veterinary doctors upto 65 years at the earliest, till then this judgment shall hold the field. "

5 . The case of the petitioner is identically placed; therefore, in view of the aforesaid decision, the petitioner is also entitled to continue in the

employment until he attains the age of 65 years.

6 . In view of the aforesaid, the order dated 25.11.2024 (Annexure P-

2) so far as it relates to petitioner is set aside and the petitioner is permitted to continue until he attains the age of 65 years.

7 . It is made clear that in the event the order dated 19.05.2025 passed by the Division Bench in W.P. No.17639/2022 is stayed or set aside, then the consequences of the said stay or setting aside of the order will fall on the present petitioner also and the respondents would be at liberty to relieve the petitioner.

8 . Accordingly, the petition stands disposed of.

(MANINDER S. BHATTI) JUDGE

NEUTRAL CITATION NO. 2025:MPHC-JBP:37672

3 WP-24167-2025 PB