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Rajasthan High Court - Jodhpur
Dalip Singh Sihag vs The State Of Rajasthan ... on 8 December, 2025
[2025:RJ-JD:53217]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16994/2025
Dalip Singh Sihag S/o Shri Hira Lal, Aged About 63 Years, R/o
Sector 5, Plot No. 413, Bhani Stadium, Nohar, Hanumangarh
District Hanumangarh (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary
Department Of Personnel, Govt. Of Rajasthan,
Secretariat, Rajasthan, Jaipur.
2. The Principal, Ayurveda Department, Govt. Of Rajasthan,
Secretariat, Jaipur.
3. The Deputy Secretary, Department Of Ayurveda, Yoga
And Naturopathy, Unani And Homeopathy, Government Of
Rajasthan, Secretariat, Jaipur.
4. The Director, Directorate Of Ayurveda, Ajmer.
5. The Additional Director, Ayurvedic Department, Bikaner
Zone, District Bikaner.
6. The Medical Officer, Government Ayurvedic Hospital,
Daidas, Hanumangarh, District Hanumangarh.
----Respondents
Connected With
S.B. Civil Writ Petition No. 9459/2025
1. Ashok Kumar Sharma S/o Chandan Mal Sharma, Aged
About 60 Years, (Dob- 07.05.1965), Presently Posted As
Senior Ayurved Chikitsak Ii (Smo Ii) Government Ayurved
Osdhalay, Ramsisar, District Churu (Raj)
2. Krishan Chander S/o Maniram, Aged About 60 Years,
(Dob- 15.09.1965), Presently Posted As Smo Ii,
Government Ayurved Osdhalay, Hameervas, District
Churu (Raj)
3. Pradeep Kumar Varshney S/o Banwari Lal, Aged About 60
Years, (Dob- 01.09.1965), Presently Posted As Ayurved
Chikitsak Government Ayurved Aushdhalay, Baijwa,
District Churu (Raj)
4. Ram Kumar S/o Manna Ram, Aged About 60 Years, (Dob-
05.07.1965) Presently Posted As Ayurved Chikitsak
Government Ayurved Osdhalay Rajiyasar Meetha, Tehsil
Sujangarh, District Churu (Raj)
5. Dr. Ajay Singh S/o Nasib Singh, Aged About 60 Years,
(Dob- 11.07.1965), Presently Posted As Smo Ii,
Government Ayurved Osdhalay (Phc) Sadu Bari, Tehsil
Bidasar, District Churu (Raj)
6. Vinod Kumar Upadhyay S/o Rudra Prasad, Aged About 60
Years, (Dob- 05.05.1965), Presently Posted As Senior
Ayurved Chikitsak (Smo I), Chc Paloda, District Banswara
(Raj)
7. Manohar Singh Rao S/o Parvat Singh Rao, Aged About 60
Years, (Dob- 23.06.1965), Presently Posted As Smo I,
Government Ayurved Osdhalay, Auishman Arogya Mandir,
Ghughara, District Dungarpur (Raj)
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----Petitioners
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, Churu (Raj).
6. Deputy Director, Ayurved Department, Banswara (Raj)
7. Deputy Director, Ayurved Department, Dungarpur (Raj)
----Respondents
For Petitioner(s) : Mr. Praveen Karwa
Mr. Tirupati Chandra
For Respondent(s) : Mr. Deepak Boda, DGC
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
08/12/2025
1. The present writ petitions are filed seeking relief in terms of
judgment passed in the case of Dr. Mahesh Chandra Sharma &
Ors. Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition
No.13496/2021) and subsequent to the said decision, the Hon'ble
Supreme Court, in the case of State of Rajasthan & Ors. Vs.
Anisur Rahman (Special Leave Petition (C) No.9563/2024), passed
the following order:
"10. In the meanwhile, the States and the authorities
would be entitled to either continue the practitioners of
indigenous systems of medicine, even after the age of
superannuation specified for them till the age of
superannuation provided for MBBS doctors, without the
benefit of regular pay and allowances. Eventually, if the
larger Bench holds in favour of the AYUSH doctors,
entitling them for enhancement in retirement age, the
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practitioners would be entitled to avail pay and
allowances during the period they were continued.
However, if they are not allowed to continue by virtue of
this order still they would be entitled to avail the pay
and allowances for the enhanced period, if the issue is
held in their favour. If the State Government permits
such continuance and the individual doctors do not take
up such assignment without regular pay and allowances,
they would be treated as retired and the fate of this
reference will be inconsequential to them.
11. Considering the fact that if the AYUSH doctors are
continued, they will not be entitled to pension also, it is
directed that they shall be paid half of the pay and
allowances, which, if the reference does not yield any
favourable orders will be adjusted in their pension or
otherwise against the regular pay and allowances."
2. In view of the above cited judgment, the present writ
petitions are disposed of in terms of Para 10 of the judgment of
the Hon'ble Surpeme Court in the case of State of Rajasthan &
Ors. Vs. Anisur Rahman (supra).
3. All pending applications, if any, stand disposed of.
(MUNNURI LAXMAN),J
33 & 34-BhumikaP/-
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