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2025 DAILYLAW 34266 (RAJ)

DR HARI SHANKAR SHARMA S/O SHRI SHIVRAM SHARMA v. STATE OF RAJASTHAN

CW/18950/2024 · 2025-01-02

Manindra Mohan Shrivastava, Uma Shanker Vyas

body2025

Judgment text

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[2025:RJ-JP:77-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D. B. Civil Writ Petition No. 18950/2024 1. Dr Hari Shankar Sharma S/o Shri Shivram Sharma, Aged About 65 Years, R/o 287, Mansarovar Colony, Kalvad Road, Jhotwara, Sirasi, Jaipur, Rajasthan 302012. 2. Dr Mahesh Chand Sharma S/o Shri Sukha Nand Shastri, Aged About 68 Years, R/o Kheri Radan, Sikar, Rajasthan- 332401 3. Dr Vishvnath Sharma S/o Shri Jamana Lal Sharma, Aged About 64 Years, R/o Ward No 38, Gali No 05, Modi Kothi, Radhakishanpura, Sikar, Rajasthan-332001. 4. Dr Shiv Prasad Sharma S/o Shri Chothmal Sharma, Aged About 66 Years, R/o Ward No. 04, Joshiyo Ka Bas, Piprali, Dist Sikar, Rajasthan-332027 5. Dr Ramavtar Nai S/o Shri Salig Ram Sain, Aged About 67 Years, R/o Vikas Colony, Piprali Road, Ward No. 39, Sikar, Rajasthan- 332001 6. Dr Ram Gopal Pareek S/o Shri Jagdish Prasad Pareek, Aged About 66 Years, R/o 50, Shiv Mandir Ke Pas Shimaria (Kotari), Sikar, Rajasthan- 332719 7. Dr Ramesh Kumar Sharma S/o Shri Rameshwar Prasad Sharma, Aged About 64 Years, R/o Teh- Dataramgarh, Ward No 05, Village Gowati, Sikar, Rajasthan- 332402 8. Dr Mahndra Prakash Sharma S/o Shri Radha Kishan Mishra, Aged About 65 Years, R/o Bahar Marg, Pologround B B P School, Sikar, Rajasthan- 332001 9. Dr Satya Bhama Joshi W/o Shri Rameshwar Prasad, Aged About 64 Years, R/o Ward No. 25 Ram Bag Narsari Ke Pas, Sikar, Rajasthan- 332001 10. Dr Krishn Swaroop Sharma S/o Shri Shiv Narayan Sharma, Aged About 66 Years, R/o Bheru Ji Ke Mandir Ke Pas, Nichali Hatai, Khakhla, Bhilwara, Rajasthan- 311806 ----Petitioners Versus 1. State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Finance (Rules Division), Government Of Rajasthan, Government Secretariat, Jaipur. [2025:RJ-JP:77-DB] (2 of 3) [CW-18950/2024] 2. The Principal Secretary, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan Government Secretariat Jaipur 3. The Deputy Secretary, Ayurved And Bhartiya Chiktsa Vibhag, Government Of Rajasthan Government Secretariat, Jaipur. 4. The Director, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan Ajmer. ----Respondents For Petitioners : Mr. Vishwas Sharma, Adv. Mr. Yash Tiwari, Adv. For Respondents : Mr. B.S. Chhaba, Additional Advocate General. Mr. Samee Khan, Adv. on behalf of Mr. Bhuwnesh Sharma, Additional Advocate General. HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS Order 02/01/2025 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. 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) [2025:RJ-JP:77-DB] (3 of 3) [CW-18950/2024] 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. (UMA SHANKER VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ MANOJ NARWANI-YOGESH /23