Dr R P S Bhadauria vs The State Of Madhya Pradesh
2025 Latest Caselaw 3816 MP

Madhya Pradesh High Court

Dr R P S Bhadauria vs The State Of Madhya Pradesh on 12 August, 2025

         NEUTRAL CITATION NO. 2025:MPHC-GWL:17480




                                                              1                               WP-31872-2025
                               IN      THE     HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE ASHISH SHROTI
                                                 ON THE 12 th OF AUGUST, 2025
                                                WRIT PETITION No. 31872 of 2025
                                                   DR R P S BHADAURIA
                                                           Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                                Shri Devesh Sharma - learned counsel for the petitioner.
                                Shri    K.K.   Prajapati-   learned    Government      Advocate     for     the
                          respondents/State.

                                                                  ORDER

1. The present petition has been filed by the petitioner challenging the order dated 27/12/2024 (Annexure-P/1) whereby, the petitioner being a Veterinary Doctor has been ordered to be superannuated on attaining the age of 62 years.

2. Learned counsel for the petitioner contends that the issue has been settled by the Division Bench of this Court in WP No.17639/2022 (Dr. O.P. Singh & Ors. Vs. State of Madhya Pradesh and Ors.) wherein the Division Bench has held as under:-

"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.

NEUTRAL CITATION NO. 2025:MPHC-GWL:17480

2 WP-31872-2025 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. "

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

4. In view of the aforesaid, this present petition is disposed off in similar terms and in view of the order dated 19/05/2025 passed by the Division Bench in W.P. No.17639/2022 (Dr. O.P. Singh and ors. Vs. State of M.P. and ors.), whereby it has been held that Veterinary Medical Officers are entitled to be superannuated at par with Allopathic Doctors i.e on attaining age of 65 years, the impugned retirement order dated 27/12/2024 (Annexure-P/1) so far as it relates to the petitioner is set-aside. The petitioner is held entitled to continue in service upto

attaining the age of 65 years. He shall be taken back in service forthwith.

5. 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.

6. Accordingly, the writ petition stands disposed off.

(ASHISH SHROTI) JUDGE

rahul