Krishana Sharma vs State Of Rajasthan (2025:Rj-Jd:10199)
2025 Latest Caselaw 7741 Raj

Rajasthan High Court - Jodhpur

Krishana Sharma vs State Of Rajasthan (2025:Rj-Jd:10199) on 20 February, 2025

[2025:RJ-JD:10199]



      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 4584/2025

Krishana Sharma W/o Ramveer Sharma, Aged About 62 Years,
R/o 98, Block I, Sector 14, Hiran Magri, Udaipur, Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through The Principal Secretary
         (Admn.), Department Of Ayurved, Govt. Of Rajasthan,
         Secretariat, Jaipur.
2.       The Deputy Secretary, Department Of Ayurved, Yoga,
         Naturopathy Medicine, Unani, Sidha And Homeopathy
         (Ayush), Secretariat, Jaipur.
3.       The Deputy Secretary (Administration), Department Of
         Ayurved, Secretariat, Jaipur.
4.       The    Director,    Directorate,        Department         Of   Ayurved,
         Government Of Rajasthan, Ashok Marg, Lohagal Road,
         Ajmer.
                                                                  ----Respondents


For Petitioner(s)           :    Mr. Vivek Firoda
For Respondent(s)           :    Mr. Mukesh Dave, AGC.

         HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral) 20/02/2025

1. This is yet another case by an Ayurveda Physician seeking

the quashing of the order dated 30.09.2022 (Annex.1), vide which

he was retired from service on 30.09.2023. Further, the petitioner

seeks directions to the respondents to allow her to continue

serving on the post of Senior Medical Officer Grade-II until she

reaches the age of 62, i.e. till 30.09.2025 in terms of Apex Court

verdict in Special Leave to Appeal (c) Nos.14308-14318/2022,

decided on 30.01.2024.

[2025:RJ-JD:10199] (2 of 2) [CW-4584/2025]

2. Having heard the learned counsel for the petitioner and

learned counsel for the respondents, it transpires that the same

controversy has already been dealt with by this very Bench vide

detailed order passed in S.B. Civil Writ Petition No.13953/2022

(Dr. Balweer Saharan Vs. State & Ors.), decided on 12.11.2024.

The reasons and discussions contained therein be read as part and

parcel of the instant order, and the petition is also allowed in

same terms as judgment, ibid.

3. The impugned order dated 30.09.2022 is quashed and set

aside, since petitioner is left with only a few more months to serve

until 30.09.2025, which is the slated date of her superannuation

on her attaining the age of 62 years.

4. In the premise, respondents are directed to accord the

petitioner benefit of the Division Bench judgment of this Court in

the light of Apex Court verdict in Special Leave to Appeal (c)

Nos.14308-14318/2022, decided on 30.01.2024, by forthwith

inducting her back in service so as to allow her to serve for the

remaining period of service. For the period petitioner remined out

of service, she shall not be entitled to any financial benefits on the

principle of 'no work no pay', couple with the delay on her part to

seek reinduction in service.

5. Pending application(s), if any, stand disposed of.

                                                                                                        (ARUN MONGA),J
                                   11-/Jitender/Sumit


                                   Whether fit for reporting :      Yes     /       No.









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