Dr. Nihal Chand Sharma vs The State Of Rajasthan
2022 Latest Caselaw 10961 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12407/2022

Dr. Nihal Chand Sharma S/o Shri Fusha Ram Sharma, Aged About 60 Years, R/o House No. 1600, Bogha Mandi, Mandi Adampur District Haryana.

----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. Roji Fogat, Medical Officer, Govt. Ayurvedic Hospital, Bhuranpura, Tehsil Tibbi, 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 three prayers,

firstly, that the petitioner should not be retired with effect from

31.08.2022; secondly, the order dated 18.07.2022 whereby

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

stayed and thirdly, the order dated 19.07.2022 whereby the

earlier order dated 18.07.2022 has been amended be stayed.

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

passed 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

(2 of 2) [CW-12407/2022]

ought to have been extended to 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 further vide order dated 19.07.2022 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 19.07.2022

qua respondent No.4 shall also remain stayed.

(REKHA BORANA),J 190-T.Singh/-

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