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2025 DAILYLAW 34313 (RAJ)

DR. SUNDER LAL PALIWAL S/O SHRI PRITHVI RAJ PALIWAL v. STATE OF RAJASTHAN

CW/18988/2024 · 2025-01-20

Bhuwan Goyal, Inderjeet Singh

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[2025:RJ-JP:2698-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 18988/2024 1. Dr. Sunder Lal Paliwal S/o Shri Prithvi Raj Paliwal, Aged About 64 Years, R/o Chatiya Kheri Via Gounda, Udaipur, Rajasthan. 2. Dr Shanti Lal Swarnkar S/o Vardi Chand Swarnkar, Aged About 67 Years, R/o Schoolroad, Pachhmata, Rajsamand, Rajasthan 313207 3. Dr Devi Lal Joshi S/o Shri Gulab Chand Joshi, Aged About 65 Years, R/o Badi Joshiyon Ki Bhagal, Jaswant Garh, Udaipur, Rajasthan 4. Dr. Hira Lal Paneri S/o Shri Kanhaiya Lal Paneri, Aged About 64 Years, R/o Sameecha, Rajsamand, Sameecha Rajasthan 313321 5. Dr Mahendra Mohan Dadeech S/o Shri Mangi Lal Dadeech, Aged About 68 Years, R/o Ward No. 2 Pratap Chaouraya, Udaipur Road, Kapasan, Chittorgarh, Rajasthan 312202 6. Dr Hira Lal Choubisa S/o Shri Devilal Choubisa, Aged About 67 Years, R/o Ward No. 8, Peeladhar, Sarada, Udaipur, Rajasthan-313001 7. Dr Ramakant Sharma S/o Late Shri Ramniwas Sharma, Aged About 67 Years, R/o A-184, Avadh, Near Police Line, Behind, B.s.l Office, Vivekanand Nagar, Bhilwara, Bhilwara, Rajasthan 311001 8. Dr Lalit Kumar Upadhyay S/o Shri Shyam Sundar Upadhyay, Aged About 65 Years, R/o Imli Bazaar, Nadi Marg, Nathdwara, Rajsamand, Rajasthan 9. Dr Parmeshwar Lal Paliwal S/o Shri Shankar Lal, Aged About 64 Years, R/o B-91, Pratap Nagar, Chittaurgarh- 312001. 10. Dr Ramgopal Trivedi S/o Shri Ganesh Shankar Trivedi, Aged About 63 Years, R/o Ward No. 7, Shahstri Nagar Near Bus Stand, Gangapur, Delana (Rural), Bhilwara, Rajasthan 11. Dr Om Prakash Sharma S/o Bhagwan Das Sharma, Aged About 66 Years, R/o Milan Apartment Plot No. 176 F-101, Krishna Sarovar, Patrakar Colony Ke Pass, Jaipur, [2025:RJ-JP:2698-DB] (2 of 4) [CW-18988/2024] Rajasthan 12. Dr Sundar Lal Panchal S/o Pratap Ji Lal Panchal, Aged About 68 Years, R/o Ward No. 5, Patel Wada, Ghatol, Banswara, Rajasthan 327023 13. Dr Krishnakant Pandya S/o Narayan Pandya, Aged About 66 Years, R/o Mini Bank K Pass, Mukam Post Tamtiya, Dungarpur, Rajsthan-314029 ----Petitioners Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Ayurved (Ayush) Government Of Rajasthan, Government Secretariat, Jaipur. 2. State Of Rajasthan Through Principal Secretary Department Of Ayurveda Andbhartiya Chikitsa, Government Of Rajasthan, Government Secretariat, Jaipur 3. Dy Secretary Department Of Ayurveda And Bhartiyachikitsa, Government Of Rajasthan, Government Secretariat, Jaipur 4. State Of Rajasthan Through Principal Secretary, Department Of Personnel, Government Secretariat, Jaipur 5. Director Ayurveda, Directorate Of Ayurveda, Ajmer ----Respondents For Petitioner(s) : Mr. Anurag Sharma For Respondent(s) : Mr. Bhuwnesh Sharma, AAG assisted by Ms. Sunita Meena, AGC Ms. Samie Khan, AAAG HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 20/01/2025 1. Learned counsel for the petitioners submits that the issue involved in this writ petition has been considered and decided by the coordinate Bench of this Court in the judgment of Dr. Uma [2025:RJ-JP:2698-DB] (3 of 4) [CW-18988/2024] Shankar Vashishtha & Anr. V/s State of Rajasthan & Ors. In D.B. Civil Writ Petition No.17660/2024 dated 12.12.2024, wherein, following order was passed: ‘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 Rajashtan & Ors. Vs. Pyare Lal Meena & Ors. (Special Leave to Appeal © 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(Downloaded on 20/01/2025 at 01:50:40 PM) (3 of 3) individual cases with consequential benefits of continuity of service. All other consequential [2025:RJ-JP:2698-DB] (4 of 4) [CW-18988/2024] action would also be required to be taken which include refixation of pension and other benefits.’ 2. Learned counsel appearing on behalf of respondents has not disputed the aforesaid. 3. In that view of the matter, writ petition is disposed of in view of the judgment passed by the coordinate Bench of this Court in the matter of Dr. Uma Shankar Vashishtha & Anr. V/s State of Rajasthan & Ors. (BHUWAN GOYAL),J (INDERJEET SINGH),J PAYAL DHAWAN /119