DR. MUKESH CHAND SHARMA S/O SHRI BHAGWAN SAHAY SHARMA v. STATE OF RAJASTHAN
CW/4305/2025 · 2025-03-28
Inderjeet Singh, Pramil Kumar Mathur
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 11859 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11859 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:14263-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 4305/2025 Dr. Mukesh Chand Sharma S/o Shri Bhagwan Sahay Sharma, Aged About 61 Years, R/o Power House Colony, Ward No. 19, Dei, Dei, Bundi, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Finance (Rules Division), Government Of Rajasthan , Government Secretariat, 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. The Director, Pension And Pensioners Welfare, Government Of Rajasthan, Jyoti Nagar, Lalkothi Jaipur ----Respondents For Petitioner(s) : Mr. Varun Sharma For Respondent(s) : Mr. Bhuwnesh Sharma, AAG with Ms. Sunita Meena, AGC HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 28/03/2025 Counsel for the petitioner submits that the issue involved in this petition has been considered and decided by the Co-ordinate Bench of this Court in the matter of Dr. Babu Lal Sharma & Ors. Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition
[2025:RJ-JP:14263-DB] (2 of 3) [CW-4305/2025] No.16800/2024) decided on 25.10.2024, wherein the following
order was passed:-
"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 & Ors. on 15.10.2024, as stated at the bar by learned counsel for the petitioners.
2. 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 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 the petitioner No.1 has retired from service on 31.08.2023. Petitioner No.2 has retired from service on 31.07.2023. Petitioner No.3 has retired from service on 30.06.2024. Petitioners No.4 & 5 have retired from service from
31.07.2024. Petitioner No.6 has retired from service on 30.06.2023.
3. In view of the above developments, we need not keep this petition pending and 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.The petitioners will be entitled to the same relief as was granted in the aforesaid cases, meaning thereby, the petitioners are entitled to reinstatement as they have not completed 62 years of age with all consequential benefits including monetary benefits to continue in service up to the age of 62 years.” Learned Additional Advocate General has not disputed the submission made by counsel for the petitioner.
[2025:RJ-JP:14263-DB] (3 of 3) [CW-4305/2025]
In that view of the matter, this writ petition is disposed of in view of the judgment passed by the Co-ordinate Bench of this Court in the matter of Dr. Babu Lal Sharma (supra).
(PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Sunita/55