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2025 DAILYLAW 16830 (RAJ)

DR. SADHANA SHARMA W/O DR. NIRMAL KUMAR SHARMA v. STATE OF RAJASTHAN

CW/7052/2025 · 2025-05-08

Manindra Mohan Shrivastava, Mukesh Rajpurohit

body2025

Judgment text

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[2025:RJ-JP:19495-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 7052/2025 1. Dr. Sadhana Sharma W/o Dr. Nirmal Kumar Sharma, Aged About 63 Years, R/o H.no. 32, Gangotri Nagar, Katta Farm, Gopalpura Bypass, Jaipur, Rajasthan-302018. 2. Dr. Shyam Sunder Verma S/o Sh. Bhagwant Lal Verma, Aged About 62 Years, R/o H.no. 84/73, Shankaracharya Marg, Mansarovar, Jaipur, Rajasthan-302020. 3. Dr. Tikam Chand Gupta S/o Ram Gopal Gupta, Aged About 64 Years, R/oh. No. 105-A, Krishna Nagar, Golyawas, Mansarovar, Jaipur, Rajasthan-302020. 4. Dr. Kailash Chand Dattatrey S/o Sh. Mohan Lal Dattatrey, Aged About 64 Years, R/o Dattatrey Pada, Hindaun City, Hindaun, Karauli, Rajasthan-322230. 5. Dr. Laxmikant Sharma S/o Sh. Ramswaroop Sharma, Aged About 64 Years, R/o H.no. 88, Kirshna Vihar-C, Mangyawas, Mansarovar, Jaipur, Rajasthan-302020. 6. Dr. Santosh Kumar Joshi S/o Sh. Prabhu Dayal Joshi, Aged About 62 Years, R/o H.no. D-650, Sidharth Nagar, Malviya Nagar, Sawai Gaittor, Jaipur, Rajasthan-302017 7. Dr. Vijay Kumar Gupta S/o Sh. Munshi Lal Gupta, Aged About 63 Years, R/o H.no. S-65, Gali No. 12, Param Puri Uttam Nagar, D.k. Mohan Garden S.o. West Delhi- 110059. 8. Dr. Rakesh Sharma S/o Hari Shankar Sharma, Aged About 64 Years, R/o H.no. 24, Gyan Vihar, B.k.kaul Nagar, Ajmer, Rajasthan-305001. ----Petitioners Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Finance Department, Government Of Rajasthan, Secretariat, Jaipur. 2. The Director, Department Of Ayurved, Government Of Rajasthan, Ajmer, Rajasthan. 3. State Of Rajasthan, Through Principal Secretary, Department Of Ayurved And Bhartiya Chikita, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 4. The Director Pension Department, Rajasthan Government, [2025:RJ-JP:19495-DB] (2 of 3) [CW-7052/2025] Jyoti Nagar, Jaipur. ----Respondents For Petitioner(s) : Mr. Bhuvnesh Tiwari For Respondent(s) : Mr. Samee Khan & Ms. Sunita Meena for Mr. Bhuwnesh Sharma, AAG HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MUKESH RAJPUROHIT Order 08/05/2025 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 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 Rajasthan & 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 in the present case, the petitioners have retired and crossed the age of 62 years as on date. [2025:RJ-JP:19495-DB] (3 of 3) [CW-7052/2025] 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. 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. (MUKESH RAJPUROHIT),J (MANINDRA MOHAN SHRIVASTAVA),CJ NAVAL Gandhi/Gaurav/33