Citation : 2025 Latest Caselaw 6569 MP
Judgement Date : 26 May, 2025
1 WP-19433-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
WP No. 19433 of 2025
(DR RAGHUBIR SINGH BHADORIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 26-05-2025
Shri Dharmendra Dwivedi - Advocate for the petitioner.
Shri Saket Udianiya - Govt. Advocate for respondents/State.
Issue notice to the respondents on payment of process fee within a period of seven working days.
The petitioner claims entitlement to continue in service up to age of 65
years; however, the respondents have issued a notice retiring him at the age of 62 years.
Learned counsel for the petitioner has relied upon the judgment of the Division Bench of this Court in the case Dr. O.P.Singh and Ors. Vs. State of Madhya Pradesh and Ors., passed in W.P. No.17639/2022 , wherein it has held that veterinary doctors are also entitled to continue in service up to the age of 65 years. This Court, in para 37, 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. Consequently, we direct the State Government to come up with appropriate provision and
2 WP-19433-2025 rules fixing the age of retirement of veterinary doctors upto 65 years at the earliest, till then this judgment shall hold the field."
In view of the aforesaid, it is directed that the petitioner shall be permitted to continue in service up to the age of 65 years, subject to the respondents being heard after filing their reply.
(ASHISH SHROTI) V. JUDGE
Adnan
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