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2025 DAILYLAW 3386 (RAJ)

DR. RAM KRISHNA ANGIRAS S/O SH. RATI RAM v. STATE OF RAJASTHAN

CW/1279/2025 · 2025-01-27

Inderjeet Singh, Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:3709-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 1279/2025 1. Dr. Ram Krishna Angiras S/o Sh. Rati Ram, Aged About 65 Years, R/o- 94/75, Sector-9, Pratap Nagar, Kumbha Marg, Tonk Road, Jaipur, Rajasthan 2. Dr. Mool Shankar Napit, S/o Sh. Dhanna Lal Napit, Aged About 66 Years, R/o- Shiv Vihar Colony, N.h.8, Bus Stand Ke Pass, Manoharpur, Tehsil-Shahpura, Jaipur, Rajasthan 3. Dr. Chandra Prakash Sharma, S/o Sh. Rameshwar Prasad Sharma, Aged About 67 Years, R/o- H.no. C-322, Model Town, Malviya Nagar, Jaipur 4. Dr. Rameshwar Prasad Sharma, S/o Radhe Shyam Shastri, Aged About 68 Years, R/o- H.no. 5-B, Shanti Colony, Opoosite Airport, Sanganer Bazar, Jaipur Rajasthan 302029 5. Dr. Sitaram Sharma, S/o Sh. Gokul Chand Sharma, Aged About 66 Years, R/o- Sewak Kosi Ganga, Jhilay Road, Near Puliya, Niwai, Tonk, Rajasthan 6. Dr. Narendra Kumar Sharma S/o Sh. J.p. Sharma, Aged About 68 Years, R/o- G-1/c-42, Tarun Marg, Tilak Nagar, Jaipur, Rajasthan, Pin-302004 7. Dr. Dharmeshwar Prasad Sharma S/o Late Sh. Rameshwar Prasad Pancholi, Aged About 65 Years, R/o- 124 C, Kings Road, Everest Vihar, Nirman Nagar, Near Mansarovar Metro Station, Vtc Jaipur, Po Shyam Nagar, Jaipur-302019, Rajasthan 8. Dr. Ashok Kumar Sharma S/o Prabhati Lal Sharma, Aged About 68 Years, R/o-Plot No. 195, Adhares Colony, Kaushal Bhawan, Agra Road, Dausa, Rajasthan-303303 9. Dr. Shiv Prakash Sharma S/o Sh. Surya Narayan Sharma, Aged About 65 Years, R/o-32/71, Swarn Path, Mansarovar, Jaipur, Rajasthan-302020 10. Dr. Kailash Chandra Sharma S/o Ram Sahay Sharma, Aged About 66 Years, R/o Deen Dayal Colony, In Front Of Hero Showroom, Niwai, Tonk, Rajasthan 304021 11. Dr. Prem Chand Sharma S/o Motilal Sharma, Aged About 64 Years, R/o A-125, Dadu Dayal Nagar, Muhana Mandi Road, Mansarovar, Jaipur, Rajasthan [2025:RJ-JP:3709-DB] (2 of 4) [CW-1279/2025] ----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. Sammi Khan on behalf of Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 27/01/2025 Learned counsel for the petitioners submits that the issue involved in this writ petition has already been considered and decided by the Co-ordinate Bench of this Court in the matter of Dr. Sushil Kumar Sharma & Ors. Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No.1095/2025) decided on 23.01.2025, where in it has been held as under:- 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 [2025:RJ-JP:3709-DB] (3 of 4) [CW-1279/2025] 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 (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." Learned counsel for the respondents has not disputed this fact. In that view of the matter, the present writ petition stands disposed of in view of the judgment passed by the Co-ordinate [2025:RJ-JP:3709-DB] (4 of 4) [CW-1279/2025] Bench of this Court in the matter of Dr. Sushil Kumar Sharma (supra). (VINOD KUMAR BHARWANI),J (INDERJEET SINGH),J Upendra Pratap Singh /52