Rajasthan High Court
Dr. Babu Lal Sharma Son Of Shri Hariram ... vs State Of Rajasthan ... on 25 October, 2024
Bench: Manindra Mohan Shrivastava, Ashutosh Kumar
[2024:RJ-JP:45214-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 16800/2024
1. Dr. Babu Lal Sharma Son Of Shri Hariram Sharma, Aged
About 61 Years, Resident Of Plot No. 22, C.b.i. Colony,
Jagatpura, Jaipur, Rajasthan
2. Dr. Gopinath Sharma Son Of Shri Haribhagwan Vaidhya,
Aged About 61 Years, Resident Of Village-Post-Chhapoli,
District-Jhunjhunu At Present Neem Ka Thana, Rajasthan.
3. Dr. Kailash Chand Sharma Son Of Shri Omkar Lal Sharma,
Aged About 60 Years, Resident Of New Sriram Colony,
Near Kavita Bhavan, Bhawani Mandi, Jhalawar, Rajasthan.
4. Dr. Madanlal Sharma Son Of Shri Susya Ram Sharma,
Aged About 60 Years, Resident Of 209, Sachivalaya Nagar,
Near Chokhi Dhani, Sanganer, Jaipur, Rajasthan.
5. Dr. Premchand Garg Son Of Shri Ramgopal Garg, Aged
About 60 Years, Resident Of 449-B, Shanti Nagar
Durgapura, Jaipur, Rajasthan.
6. Dr. Krishnavtar Sharma S/o Shri Kailash Chandra Sharma,
Aged About 61 Years, R/o House No.158, Raj Vihar
Colony, Dashera Maidan, Sawai Madhopur, Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Its Additional Chief
Secretary, Department Of Finance (Rules Division),
Government Of Rajasthan, Government Secretariat,
Jaipur
2. Principal Secretary, Ayurved, And Bhartiya Chikitsa
Vibhag, Government Of Rajasthan, Government
Secretariat, Jaipur
3. Dy. Secretary, Ayurved And Bhartiya Chikitsa Vibhag,
Government Of Rajasthan, Government Secretariat,
Jaipur
(Downloaded on 28/10/2024 at 09:55:27 PM)
[2024:RJ-JP:45214-DB] (2 of 3) [CW-16800/2024]
4. Director, Ayurved And Bhartiya Chikitsa Vibhag,
Government Of Rajasthan, Ajmer
----Respondents
For Petitioner(s) : Mr. Nitesh Kumar Garg Advocate.
For Respondent(s) : Mr. Rajendra Prasad, Advocate
General assisted by Ms. Dhriti Laddha
Advocate.
HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
25/10/2024
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 & Ors. 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 petitioner No.1 has retired from service on 31.08.2023.
Petitioner No.2 has retired from service on 31.07.2023. Petitioner
No.3 has retired from service on 30.06.2024. Petitioners No.4 & 5
[2024:RJ-JP:45214-DB] (3 of 3) [CW-16800/2024]
have retired from service from 31.07.2024. Petitioner No.6 has
retired from service on 30.06.2023.
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, 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
SANJAY KUMAWAT/Sunita-189
Powered by TCPDF (www.tcpdf.org)
