VISHAN SINGH RAJAWAT S/O SHRI BHAWANI SINGH RAJAWAT v. STATE OF RAJASTHAN
CW/1287/2025 · 2025-03-20
Inderjeet Singh, Pramil Kumar Mathur
Public Interest Litigationbody2025
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[ 2025 DAILYLAW 3219 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 3219 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:12688-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 1287/2025
1. Vishan Singh Rajawat S/o Shri Bhawani Singh Rajawat, Aged About 63 Years, R/o Village And Post - Kailai, Tehsil- Sikrai, District- Dausa, Rajasthan.
2. Giriraj Prasad Sharma S/o Shri Rameshwar Prasad Sharma, Aged About 66 Years, R/o Village And Post - Intka, Tehsil- Sikrai, District- Dausa, Rajasthan.
3. Hari Sharan Sharma S/o Shri Ramkishor Sharma, Aged About 65 Years, R/o C-39, Chitra Vila, Gayatri Nagar, Agra Road, Dausa, Rajasthan.
4. Shyam Sunder Sharma S/o Shri Buddha Lal Sharma, Aged About 63 Years, R/o Kapil Kunj, Tiwari Colony, Balaji Road, Dausa, Rajasthan.
5. Mahesh Chand Gupta S/o Shri Ramji Lal Gupta, Aged About 63 Years, R/o Ward No.24, Avm School Road, Bandikui, Dausa, Rajasthan.
6. Balbir Singh Kushwah S/o Shri Magan Singh, Aged About 64 Years, R/o Badiyal Road, Behind Adarsh Vidhya Mandir, Bandikui, Dausa, Rajasthan.
7. Uma Shankar Atrey S/o Shri Dwarika Prasad Atrey, Aged About 67 Years, R/o Village And Post - Morija, Tehsil- Chomu, District- Jaipur, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through Its Addl. 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. Deputy.secretary, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Government Secretariat Jaipur.
4. Director, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Ajmer. ----Respondents
[2025:RJ-JP:12688-DB] (2 of 3) [CW-1287/2025] For Petitioner(s) : Mr. B.B.L. Sharma For Respondent(s) : Mr. Bhuwnesh Sharma, AAG with Mr. Samee Khan Ms. Sunita Meena, AGC HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 20/03/2025
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.
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
[2025:RJ-JP:12688-DB] (3 of 3) [CW-1287/2025] (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.
(PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Upendra Pratap Singh /40