Rajasthan High Court - Jodhpur
Dr Suresh Chandr Sharma vs State Of Rajasthan ... on 21 January, 2025
Bench: Manindra Mohan Shrivastava, Nupur Bhati
[2025:RJ-JD:3870-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 1134/2025
1. Dr Suresh Chandr Sharma S/o Shri Babulal Sharma, Aged
About 63 Years, Resident Of Undu, Barmer, Rajasthan -
344701.
2. Dr Hari Ram S/o Shri Kisalliram Yogi, Aged About 65
Years, Resident Of 1084 Oshadhalya Ke Pas, Potlan
Bhilwara - 311806.
3. Dr Mithilesh Kumar Sharma S/o Shri Onkar Prasad, Aged
About 63 Years, Resident Of Tambesara, Ward No 6,
Banswara, Rajasthan - 327602.
4. Dr Radheshyam Indoria S/o Shri Goverdhan Lal Indoria,
Aged About 64 Years, Resident Of J-16 Suraj Puja K. K.
Colony, Pawanpuri, Bikaner, Rajasthan - 334003.
5. Dr Ramchandra Singh Shekhawat S/o Sayar Singh
Shekhawat, Aged About 67 Years, Resident Of 07
Subhash Petro Pump Ke Pas, Durgadas Nagar, Bikaner,
Rajasthan - 334001.
6. Dr Tulsi Ram Choudhary S/o Shri Hanuman Singh, Aged
About 67 Years, Resident Of H-19, Kanta Khaturia Colony,
Bikaner, Rajasthan - 334001.
7. Dr Surendra Kumar Sharma S/o Shri Liladhar Sharma,
Aged About 65 Years, Resident Of 3/346, R.h.b. Colon,
Ward No. 5, Hanumangarh, Rajasthan - 335512.
8. Dr Rajender Kumar Sharma S/o Shri Liladhar Sharma,
Aged About 66 Years, Resident Of Plot No. 05, Sector No.
12-L, Hanumangarh, Rajasthan - 335512.
9. Dr Sohan Lal Saini S/o Shri Khetaram Saini, Aged About
65 Years, Resident Of Ward No. 23, Bhargav Mohalla,
Nohar, Hanumangarh, Rajasthan - 335523.
10. Dr Rakesh Ranjan S/o Shri Siya Ram, Aged About 66
Years, Resident Of Agaravalon Ka Mohalla, Sumerpur, Pali,
Rajasthan - 306902.
----Petitioners
Versus
1. State Of Rajasthan, Through Its Additional Chief
Secretary, Department Of Finance (Rules Division),
Government Of Rajasthan, Government Secretariat,
(Downloaded on 28/01/2025 at 10:12:46 PM)
[2025:RJ-JD:3870-DB] (2 of 3) [CW-1134/2025]
Jaipur.
2. The Principal Secretary, Ayurved And Bhartiya Chikitsa
Vibhag, Government Of Rajasthan Government
Secretariat Jaipur
3. The Deputy Secretary, Ayurved And Bhartiya Chiktsa
Vibhag, Government Of Rajasthan Government
Secretariat, Jaipur.
4. The Director, Ayurved And Bhartiya Chikitsa Vibhag,
Government Of Rajasthan Ajmer.
5. Director, Pension And Pensioners Welfare Department,
Government Of Rajasthan, Jyoti Nagar, Lalkothi Jaipur.
----Respondents
For Petitioner(s) : Mr. Yash Tiwari.
For Respondent(s) : Mr. Mahaveer Bishnoi, AAG
HON'BLE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE DR. JUSTICE NUPUR BHATI
Order
21/01/2025
Heard learned counsel for the petitioners and learned
counsel for the respondent-State on advance copy.
2. 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 petitioners.
3. 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
[2025:RJ-JD:3870-DB] (3 of 3) [CW-1134/2025]
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 in
the present case, the petitioners have retired and crossed the age
of 62 years as on date.
4. In view of the above developments, we need not keep this
petition pending and the 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. As the petitioners
have retired and crossed the age of 62 years, they shall be
deemed to have continued in service upto 62 years. This will
require the respondents-authority to pass necessary orders
treating them in service till attaining the age of 62 years in
individual cases with consequential benefits of continuity of
service. All other consequential action would also be required to
be taken which include refixation of pension and other benefits.
5. The writ petition is, accordingly, allowed.
(DR. NUPUR BHATI),J (MANINDRA MOHAN SHRIVASTAVA),CJ
11-a.asopa/-
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