Citation : 2024 Latest Caselaw 6182 Raj/2
Judgement Date : 21 October, 2024
[2024:RJ-JP:44087-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Writ Petition No. 16357/2024
1. Surendra Kumar Sharma S/o Shri Jamna Lal Shastri,
Aged About 60 Years, R/o D-4, Choudhari Colony, Ganesh
Nagar, Vki Road No. 14, Sikar Road, Jaipur, District Jaipur
(Raj.).
2. Laxmi Narayan Sharma S/o Shri Liladhar, Aged About 60
Years, R/o 262/273, Leela Niwas, Sector -26, Pratap
Nagar, Sanganer, District Jaipur (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Ayurveda (Ayush), Government
Secretariat, Jaipur (Raj.).
2. Deputy Secretary, Department Of Ayurveda And Bhartiya
Chikitsa (Ayush), Government Secretariat, Jaipur (Raj.).
3. The Director, Nideshalay Ayurved Vibhag, Rajasthan,
Ajmer Having Its Office At Ashok Marg, Savitri Chauraha,
Ajmer, Rajasthan- 305001.
----Respondents
For Petitioners : Ms. Neetu Bhansali Advocate.
For Respondents : Ms. Dhriti Laddha Advocate on behalf
of Mr. Rajendra Prasad Advocate
General.
HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
21/10/2024
1. After the order was passed by this Court earlier on
20.09.2024, new developments have been brought to the notice
of this Court, one of them regarding dismissal of the Review
Petition by the Hon'ble Supreme Court filed in the case of State of
Rajasthan & Ors. Vs. Dr. Mahesh Chandra Sharma on
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[2024:RJ-JP:44087-DB] (2 of 2) [CW-16357/2024]
15.10.2024 as stated at the bar by learned counsel for the
petitioners.
2. Learned counsel for the petitioners has also placed before
this Court order dated 27.09.2024 passed by the Hon'ble Supreme
Court in the case of The State of Rajashtan & Ors. Vs. Pyare
Lal Meena & Ors. (Special Leave to Appeal (C)
No.10560/2024), wherein, the Hon'ble Supreme Court has
clarified that there is no stay on the judgment of the High Court
and further that in the event the outstanding towards salary has
not been paid, the same shall be cleared within a period of one
week.
3. In view of the above developments, we need not keep this
petition pending and same is also finally disposed off in terms of
order passed earlier by this Court in the case of Dr. Mahesh
Chandra Sharma & Ors. Vs. State of Rajasthan & Ors. and
other connected matters (D.B. Civil Writ Petition
No.13496/2021), decided on 13.07.2022. The petitioners will be
entitled to the same relief as was granted in the aforesaid cases
meaning thereby that they are entitled to continue with all
consequential benefits including monetary benefits in service upto
the age of 62 years, if they have not already attained the age of
62 years. In cases the petitioners have already attained the age of
62 years, they will be entitled to all the consequential benefits
including monetary benefits of salary as if they had continued in
service upto the age of 62 years.
(ASHUTOSH KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),CJ
MANOJ NARWANI-RAJAT/4
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