Dr. Kuldeep Singh vs The State Of Rajasthan
2022 Latest Caselaw 10951 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12431/2022

Dr. Kuldeep Singh S/o Shri Badri Prasad, Aged About 60 Years, R/o Ward No. 3 Kamdhenu Colony, Behind Water Works, Bhadra, District Hanumangarh (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary Department Of Personnel, Govt. Of Rajasthan, Secretariat, Rajasthan, Jaipur.

2. The Principal Secretary, Ayurved Department, Govt. Of Rajasthan, Secretariat, Jaipur.

3. The Director, Directorate Of Ayurveda, Ajmer.

4. Dr. Ravi Prakash, Medical Officer, Govt. Ayurvedic Hospital, Jhansal, Tehsil Bhadra, District Hanumangarh.

----Respondents

For Petitioner(s) : Mr. J.S. Bhaleria

HON'BLE MS. JUSTICE REKHA BORANA

Order

26/08/2022

The present petition has been filed with two prayers, firstly,

that the petitioner should not be retired with effect from

31.08.2022 and secondly, the order dated 18.07.2022 whereby

respondent No.4 has been transferred in petitioner's place be

stayed.

The case of the petitioner is that in terms of the judgment

passed by the Division Bench of this Court in the case of

Dr. Mahesh Chandra Sharma & Ors. Vs. State of Rajasthan

& Ors. : D.B. Civil Writ Petition No.13496/2021, the age of

retirement of ayurvedic doctors ought to have been extended to

(2 of 2) [CW-12431/2022]

62 years. The petitioner also being an ayurvedic doctor was under

an impression that he would be continued in service till the age of

62 years but vide order dated 18.07.2022, respondent No.4 has

been transferred in his place and it has been directed that

respondent No.4 would join in place of the present petitioner after

his date of retirement, i.e., 31.08.2022. Meaning thereby the

petitioner would be retired on 31.08.2022.

Learned counsel for the petitioner submitted that the said

action of the respondent-Department is totally in contravention to

the specific directions passed by the Division Bench of this Court

in Dr. Mahesh Chandra Sharma's case (supra).

In view of the submissions made, Issue notice. Issue notice

of the stay application also and be made returnable on

28.09.2022.

Meanwhile, the respondent-Department is restrained from

retiring the petitioner from services on 31.08.2022.

Consequently, the effect and operation of order dated 18.07.2022

qua respondent No.4 shall also remain stayed.

(REKHA BORANA),J 194-T.Singh/-

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