Dr. Balweer Sharan Sharma vs State Of Rajasthan
2022 Latest Caselaw 11724 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13953/2022

Dr. Balweer Sharan Sharma S/o Shri Ramswaroop, Aged About 60 Years, R/o 263/893, Pratapnagar, Near Nri Circle, Sec- 26, Sanganer, Jaipur (Raj.).

----Petitioner Versus

1. 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.

----Respondents

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

For Respondent(s)           :



           HON'BLE MR. JUSTICE ARUN BHANSALI

                                      Order

20/09/2022

It is submitted by learned counsel for the petitioner that the

Division Bench in Dr. Mahesh Chandra Sharma & Ors. v. State of

Rajasthan & Ors. : D.B. Civil Writ Petition No.13496/2021, decided

on 13.07.2022 has held that Ayurvedic Doctors are also entitled to

continue in service till completion of age of 62 years, which is

applicable in the case of Allopathic Doctors, however, the

respondents are continuing to retire the Ayurvedic Doctors at the

age of 60 years.

Submissions have been made that by order dated

08.03.2022 (Annex.-P/1), which was passed before the judgment

in the case of Dr. Mahesh Chandra Sharma (supra), the

(2 of 2) [CW-13953/2022]

superannuation date of the petitioner was noticed as 30.09.2022.

The petitioner has made representation for implementation of the

order in the case of Dr. Mahesh Chandra Sharma (supra),

however, no response has been given and in case, the petitioner is

retired on attaining the age of 60 years against the Division Bench

judgment, the petitioner would suffer irreparable loss.

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

of stay application also. Both are made returnable within a period

of four weeks.

In the meanwhile and till further orders, effect & operation of

the order dated 08.09.2022 (Annex.-P/1) indicating the retirement

of the petitioner on 30.09.2022, shall remain stayed till the

petitioner attains the age of 62 years.

(ARUN BHANSALI),J 136-Rmathur/-

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