Citation : 2024 Latest Caselaw 6319 Raj/2
Judgement Date : 23 October, 2024
[2024:RJ-JP:44529-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 16563/2024
Dr. Rekha Bharadwaj W/o Shri Ashwani Bharadwaj, Aged About
61 Years, R/o A-49, Khadi Colony, Hatwara Road, Sodala Jaipur,
Rajasthan
----Petitioner
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
4. Director, Ayurved And Bhartiya Chikitsa Vibhag,
Government Of Rajasthan, Ajmer
----Respondents
For Petitioner(s) : Mr. Nitesh Kumar Garg
For Respondent(s) : Mr. Bhuwnesh Sharma, AAG
Mr. Sheetanshu Sharma on behalf of
Mr. Rajendra Prasad,Advocate General
HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
23/10/2024
1. Mr. Bhuwnesh Sharma, learned AAG and Mr. Sheetanshu
Sharma, Advocate appear on behalf of the respondent-State on
advance copy.
2. 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
(Downloaded on 24/10/2024 at 10:00:56 PM)
[2024:RJ-JP:44529-DB] (2 of 2) [CW-16563/2024]
15.10.2024, as stated at the bar by learned counsel for the
petitioner.
3. Learned counsel for the petitioner 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.
4. 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 petitioner will be
entitled to the same relief as was granted in the aforesaid cases,
meaning thereby, the petitioner is entitled to reinstatement as she
has 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
Kamlesh Kumar-RAHUL/48
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