Citation : 2024 Latest Caselaw 6233 Raj/2
Judgement Date : 24 October, 2024
[2024:RJ-JP:44952-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Writ Petition No. 16585/2024
1. Dr. Siteshwar Prasad Bhardwaj S/o Shri Nathu Lal
Sharma, Aged About 60 Years, Resident Ward No.7, Sita
Ram Vihar, Bhanpur Kalan, Jamwaramgarh, District
Jaipur, Rajasthan- 302028.
2. Dr. Banwaree Lal Sharma S/o Shri Raksh Pal Sharma,
Aged About 60 Years, Resident Near Balaji Temple,
Lampuwa, Reengus, District Sikar, Rajasthan- 332404.
3. Dr. Mahaveer Prasad Sharma S/o Shri Anandi Lal Sharma,
Aged About 60 Years, R/o 15, Ambaji Mandir Ke Peeche,
Akhara Bhatta, Abu Road, District Sirohi, Rajasthan-
307510.
4. Dr. Subhash Chandra Kaushik S/o Shri Makkhan Lal, Aged
About 60 Years, R/o Gudhaliya, Sub- District Phulera
(H.q. Sambhar), District Jaipur, Rajasthan- 303602.
5. Dr. Pawan Kumar Sharma S/o Shri Narayan Dutt Sharma,
Aged About 60 Years, R/o Ward No. 15, Malsisar, District
Jhunjhunu, Rajasthan- 331028.
6. Dr. Rajendra Kumar Sharma S/o Shri Jamna Prasad
Sharma, Aged About 60 Years, R/o Ward No. 4, Joshiyo
Ka Mohalla, Piprali, District Sikar, Rajasthan- 332027.
----Petitioners
Versus
1. State Of Rajasthan, Through Additional Chief Secretary,
Department Of Ayurveda, Government Of Rajasthan,
Government Secretariat, Jaipur.
2. State Of Rajasthan, Through Principal Secretary,
Department Of Ayurveda And Bhartiya Chikitsa,
Government Of Rajasthan, Government Secretariat,
Jaipur.
3. Dy. Secretary, Department Of Ayurveda And Bhartiya
Chikitsa, Government Of Rajasthan, Government
Secretariat, Jaipur.
4. State Of Rajasthan, Through Principal Secretary,
Department Of Personnel, Government Secretariat,
Jaipur.
5. Director Ayurveda, Directorate Of Ayurveda, Ajmer.
----Respondents
(Downloaded on 09/11/2024 at 12:38:25 AM)
[2024:RJ-JP:44952-DB] (2 of 3) [CW-16585/2024]
For Petitioners : Mr. Jaivardhan Singh Shekhawat
Advocate.
For Respondents : None.
HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
24/10/2024
1. After the order was passed by this Court earlier on
20.09.2024 in another petition, 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 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. Learned counsel for the petitioners further submitted that
the petitioners have retired from service on 30.06.2024.
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
[2024:RJ-JP:44952-DB] (3 of 3) [CW-16585/2024]
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, the petitioners are entitled to reinstatement as
they have not completed 62 years of age with all consequential
benefits including monetary benefits to continue in service upto
the age of 62 years.
(ASHUTOSH KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),CJ
Manoj Narwani-RAHUL/75
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