Citation : 2026 Latest Caselaw 71 Raj
Judgement Date : 6 January, 2026
[2026:RJ-JD:83]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 23688/2025
Ramji Lal Godara S/o Shri Sahaj Ram, Aged About 64 Years, R/o
Near Bus Stand, Ward No. 10, Parlika, 22 NTR, 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 Secretary, 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 Deputy Director, Ayurvedic Department,
Hanumangarh District Hanumangarh.
6. The Medical Officer, Government Ayurvedic Hospital,
Thalarka, Hanumangarh, District Hanumangarh.
----Respondents
For Petitioner(s) : Mr. Jitender Singh Bhaleria
For Respondent(s) : Mr. Deepak Bora, Dy.G.C.
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
06/01/2026
1. The present writ petition is 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
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[2026:RJ-JD:83] (2 of 2) [CW-23688/2025]
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 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
petition is disposed of in terms of Para 10 of the judgment of the
Hon'ble Supreme 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 222-BhumikaP/-
(Uploaded on 06/01/2026 at 03:05:20 PM)
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