Citation : 2025 Latest Caselaw 9703 Raj
Judgement Date : 20 August, 2025
[2025:RJ-JD:37225]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15887/2025
Dr. Shiv Kumar Sharma S/o Shri Mahaveer Prasad Sharma, Aged
About 60 Years, Presently Posted As Senior Ayurvedic Chikitsak
(Smo Ii), Ayushman Arogya Mandir (Ayush) Government
Ayurvedic Osdhalay, Bukansar Bada, Tehsil Sardar Shahar,
District Churu (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Ayurved And Indian Medicines, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Secretary, Department Of Personnel, Government Of
Rajasthan, Jaipur.
3. Deputy Secretary, Ayurved, Yoga And Naturopathy
Medicine, Unani, Siddha And Homeopathy (Ayush)
Department, Secretariat, Jaipur
4. The Director, Ayurved Department, Ashok Marg, Lohagal
Road, Savitri College Circle, Ajmer.
5. Deputy Director, Ayurved Department, Bikaner (Raj.).
----Respondents
For Petitioner(s) : Mr. Tirupati Chandra
For Respondent(s) : Mr. Deepak Bora
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
20/08/2025
1. Learned counsel for the parties agree that the issue involved
in the present writ petition is squarely covered by the order dated
16.04.2025 of Division Bench of this Court in D.B. Special
Appeal Writ No.21497/2024 titled as 'Dr. Madalsa Sharma
Vs. The State of Rajasthan & Ors.'. The order aforesaid dated
16.01.2025 reads as under:
[2025:RJ-JD:37225] (2 of 3) [CW-15887/2025]
"Learned counsel for both the parties jointly point out that these appeals are no longer res-integra and similar appeals being D.B. Special Appeal Writ No.21497/2024 [Dr. Madalsa Sharma Vs. The State of Rajasthan & Ors] has been allowed vide order dated 19.12.2024. The order reads as follows: -
"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 petitioner.
2. 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. Learned counsel for the petitioner further submitted that the petitioner is going to retire from service on 31.12.2024.
3. In view of the above developments, we need not keep this petition pending and the same is also disposed off in terms of the order passed earlier in the case of Dr. Mahesh Chandra Sharma & Ors. Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No. 13496/2021) and other connected matters decided on13.07.2022. The petitioner
[2025:RJ-JD:37225] (3 of 3) [CW-15887/2025]
shall be entitled to continue in service till he attains the age of 62 years.
4. The petition is accordingly allowed."
2. This petition is also allowed in the same terms of the order dated 19.12.2024."
2. Accordingly, the present writ petition is also allowed in
same terms as in Dr. Madalsa Sharma's case (supra).
(MUNNURI LAXMAN),J 220s-PoonamS/-
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