DR. GIRIRAJ PRASAD SHARMA SON OF SHRI GANGASAHAY SHARMA v. STATE OF RAJASTHAN
CW/323/2025 · 2025-01-10
Manindra Mohan Shrivastava, Uma Shanker Vyas
Review Petitionbody2025
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[ 2025 DAILYLAW 3052 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 3052 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:1614-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D. B. Civil Writ Petition No. 323/2025 Dr. Giriraj Prasad Sharma Son Of Shri Gangasahay Sharma, Aged About 62 Years, Resident Of B-150, Mansarovar Basti, Kala Kuwa, Alwar, Rajasthan ----Petitioner Versus
1. State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Finance (Rules Division), Government Of Rajasthan, Government Secretariat, Jaipur
2. Principal Secretary, Ayurved, And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Government Secretariat, Jaipur
3. Dy. Secretary, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Government Secretariat, Jaipur
4. Director, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Ajmer ----Respondents For Petitioner : Mr. Nitesh Kumar Garg Advocate with Mr. Ayush Agarwal Advocate. For Respondents : Mr. Bhuwnesh Sharma Additional Advocate General with Mr. Samee Khan Advocate and Mr. Yuvraj Singh Bacchawat Advocate.
HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order 10/01/2025
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 petitioner.
2.
Learned counsel for the petitioner 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
[2025:RJ-JP:1614-DB] (2 of 2) [CW-323/2025] & 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 petitioner further submitted that in the present case, the petitioner has retired and crossed the age of 62 years as on date.
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 petitioner has retired and crossed the age of 62 years, he shall be deemed to have continued in service upto 62 years. This will require the respondents-authority to pass necessary orders treating the petitioner in service till attaining the age of 62 years 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.
(UMA SHANKER VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ MANOJ NARWANI-GAURAV /11