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Madhya Pradesh High Court
Dr Girdhari Lal Sodhi vs Satate Of M.P. on 25 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:8028
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
ON THE 25th OF MARCH, 2026
WRIT PETITION No. 10506 of 2026
DR GIRDHARI LAL SODHI
Versus
SATATE OF M.P. AND OTHERS
Appearance:
Shri Bhuwan Deshmukh - Advocate for the petitioner.
Shri Ayushyaman Choudhary - Government Advocate for the
respondents State.
ORDER
The present petition has been filed by the petitioner under Article 226
of the Constitution of India challenging the order dated 18.03.2026 passed
by the respondent No.2 by which the petitioner has been directed to
superannuate on 29.06.2026.
2. The petitioner has invited the Court's attention to Annexure-P-1
which is an appointment order dated 07.12.1990 wherein the appointment of
the petitioner at Sr No. 24 of the list transpires that he was appointed on the
post of Assistant Surgeon. Further the petitioner has also invited Court's
attention towards Annexure-P-5 passed in Writ Petition No. 47414 of 2025
dated 30.01.2026 in the case of Dr Vandana Khare Vs. The State of Madhya
Pradesh and others, wherein the identical issue in respect to the retirement of
the delinquent therein has been dealt by the Court wherein in identical
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situation the respondents directed the said petitioner to retire prior to the age
of 65 years relying upon non-compliance of 20 years of service on the post
of Clinical services.
3. The said issue has been dealt in extempore in the said judgment
wherein the Co-ordinate Bench of this Court has relied upon the judgment
rendered in the case of Dr Kanti Lal Sahu and another Vs. State of M.P. and
another passed in Writ Petition No. 5237 of 2012 dated 17.01.2013, wherein
the Division Bench dealt with the provisions of Fundamental Rule 56.
Paragraph-4 and 5 of the said judgment reads as under :-
"4. It is obvious that original Fundamental Rule 56,
which provided for retirement on attaining the age of
60 years applied to every Government servant.
Amending Act No.2 of 2007 applied to every member
of the Madhya Pradesh Public Health and Family
Welfare (Gazetted) Service" appointed to a medical
post mentioned in Schedule-l to the Madhya Pradesh
Public Health and Family Welfare (Gazetted) Service
Recruitment Rules, 1988. The amendment reads as
follows:
"(iii) after sub-rule (1-b) the following sub rules shall
be inserted, namely :-
(1-c) Subject to the provisions of sub-rule (2), every
member of the Madhya Pradesh Public Health and
Family Welfare (Gazetted) Service appointed to a
medical post mentioned in Schedule-l to the Madhya
Pradesh Public Health and Family Welfare (Gazetted)
Service Recruitment Rules, 1988, shall retire from
service on the afternoon of the last day of the month in
which he attains the age of 62 years.
XX XX XX
Explanation.- For the purpose of this sub-rule "a
member of the Madhya Pradesh Public Health and
Family Welfare (Gazetted) Service" means a
Government Servant by whatever designation called,
appointed as Medical Officer or Specialist in
accordance with the recruitment rules and shall also
include such Medical Officer or Specialist who is
appointed to -a administrative post by promotion or
otherwise and who has served as Medical Officer or
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Specialist for not less than twenty years provided he
holds a lien on a post in concerned Madhya Pradesh
Public Health and Family Welfare (Gazetted) Service."
The explanation clarified the meaning of the term
"member of the Madhya Pradesh Public Health and
Family Welfare (Gazetted) Service" and covers the
following three categories :
(i) a member of the service appointed as Medical
Officer or Specialist;
(ii) a member of such service who is appointed to an
administrative post by promotion or otherwise; and
(iii) who has served as Medical Officer or Specialist for
not less than twenty years, provided he holds a lien on a
post concerned in Madhya Pradesh Public Health and
Family Welfare (Gazetted) service.
5. The case of the petitioners is squarely covered by the
first category itself since they were appointed as Chief
Medical - & Health Officer in accordance with the
recruitment Rules."
4. On going through the said judgment it is clear that the term
"member of the Madhya Pradesh Public Health and Family Welfare
(Gazetted) Service" covers three category ie :-
"(i) a member of the service appointed as Medical
Officer or Specialist;
(ii) a member of such service who is appointed to an
administrative post by promotion or otherwise; and
(iii) who has served as Medical Officer or Specialist for
not less than twenty years, provided he holds a lien on a
post concerned in Madhya Pradesh Public Health and
Family Welfare (Gazetted) service."
5. On going through the same, as per the case of the petitioner is
concerned it is evident that the petitioner was initially inducted as an
Assistant Surgeon on 07.12.1990. The designation of the post is also
immaterial which is evident on perusal of explanation of Fundamental Rule
56, therefore the case of the petitioner falls within the first category i.e a
member of the service appointed as Medical Officer or Specialist, which has
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been discussed in the case of Dr Kanti Lal Sahu (supra) as the case of the
petitioner falls in identical footing with Dr Kanti Lal Sahu (supra) , this
Courts find no good reasons to defer the case of the petitioner by taking a
different view."
6. Resultantly, the present writ petition stands allowed. The
respondents are directed to allow the petitioner to continue in service till
attaining the age of 65 years.
7. With the aforesaid observations, the petition stands allowed and
disposed of.
No order as to costs.
Certified copy as per rules.
(JAI KUMAR PILLAI)
JUDGE
rashmi
