DR. SUSHIL KUMAR SHARMA, S/O SH. HARSAHAY SHARMA v. STATE OF RAJASTHAN
CW/1095/2025 · 2025-01-23
Manindra Mohan Shrivastava, Shubha Mehta
Transfer Petitionbody2025
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[ 2025 DAILYLAW 3378 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 3378 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:3382-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 1095/2025
1. Dr. Sushil Kumar Sharma, S/o Sh. Harsahay Sharma, Narbdakunj, Aged About 68 Years, R/o- Cd-243, Dadu Dayal Nagar, Muhana Mandi Road, Mansarovar, Jaipur, Rajasthan
2. Dr. Ramesh Chandra Sharma S/o Gajanand Sharma, Aged About 67 Years, R/o- House No. 117, Gali No. 2, Laxmi Nagar, Brahmpuri Road, Jaipur-302002, Rajasthan
3. Dr. Bihari Lal Sharma, S/o Sh. Baijnath Sharma, Aged About 68 Years, R/o- 2-Ga-15, Kamla Nehru Nagar, Ajmer Road, Po-Hirapura, Jaipur, Rajasthan
4. Dr. Kedar Prasad Sharma, S/o Late Sh. Om Prakash Vyas, Aged About 67 Years, R/o- Plot No. 91, Shankar Nagar Vistar, Kagwada, Brahmpuri, Tripoliya Bazar, Jaipur- 302002, Rajasthan
5. Dr. Kailash Chandra Sharma, S/o Sh. Jagannath Prasad Sharma, Aged About 67 Years, R/o- Plot No. A-9, Govardhan Puri, Nhw Road No. 8, Near Galta Gate, Jaipur, Rajasthan
6. Dr. Chandra Mohan Parashar, S/o Sh. Digamber Singh Sharma, Aged About 66 Years, R/o- B-80,mahal Yojana, Jagatpura, Jaipur-302017, Rajasthan
7. Dr. Surendra Kumar Sharma, S/o Sh. Ram Krishan Achary, Aged About 67 Years, R/o- 74, Prithviraj Nagar, Maharani Farm, Durgapura, Jaipur-302018, Rajasthan
8. Dr. Manohar Lal Sharma, S/o Sh. Hazari Lal Sharma, Aged About 67 Years, R/o- Ganesh Mill, Udai Mod Near Sarda School, Gangapur City, Sawai Madhopur, Rajasthan
9. Dr. Bhagwan Sahay Sharma, S/o Sh. Sukh Dev Sharma, Aged About 67 Years, R/o- Mamodiyon Ka Mohalla, Ward No. 14, Chaksu, Jaipur, Rajasthan
10. Dr. Satya Narayan Sharma, S/o Sh. Prahalad Lal Sharma, Aged About 68 Years, R/o- H.no. 405, Chauth Mata Ka Rasta, Near Talab, Vpo-Chauth Ka Barwada, Sawai Madhopur, Rajasthan
11. Dr. Rajesh Kumar Sharma, S/o Sh. Hari Prasad Sharma, Aged About 66 Years, R/o- Plot No. 13 B, Bharav Nagar,
[2025:RJ-JP:3382-DB] (2 of 3) [CW-1095/2025] Kalyanpura Sanganer, Jaipur, Rajasthan 302020 ----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 Principle Secretary, Department Of Ayurved And Bhartiya Chikita, Government Of Rajasthan, Secretrait, Jaipur, Rajathan. 4. State Of Rajasthan, Through Principle Secretary, Department Of Personnel, Government Secetrait, Jaipur
5. The Director Pension Department, Rajasthan Government, Jyoti Nagar Jaipur. ----Respondents For Petitioner(s) : Mr. Bhuvnesh Tiwari For Respondent(s) : Mr. Samee Khan on behalf of Mr. Bhuvnesh Sharma, AAG HON'BLE THE CHIEF JUSTICE MR.
MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA
Order 23/01/2025
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 petitioners.
[2025:RJ-JP:3382-DB] (3 of 3) [CW-1095/2025]
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 (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.
(SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),CJ Naval Kishore/Neeru/17