Citation : 2025 Latest Caselaw 6612 MP
Judgement Date : 29 May, 2025
1 WP-19526-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 19526 of 2025
(DR.SUNIL VISHWANTH DIXIT Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 29-05-2025
Shri Mahendra Pateriya - Advocate for the petitioner.
Shri Girish Kekre - Government Advocate for the respondents/State.
Issue notice to the respondents on payment of process fee within seven working days by RAD mode, returnable in four weeks, failing which this petition shall stand dismissed without further reference to the Court.
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
2 WP-19526-2025 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."
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.
(VISHAL MISHRA) V. JUDGE
AM
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