RAMAN SWAROOP SHARMA S/O SHRI RAM SWAROOP SHARMA v. STATE OF RAJASTHAN
CW/19216/2024 · 2025-01-27
Anoop Kumar Dhand
body2025
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[ 2025 DAILYLAW 35156 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35156 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:3743] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.19216/2024
1. Raman Swaroop Sharma S/o Shri Ram Swaroop Sharma, Aged About 60 Years, R/o Shukla Colony, S.p. Office Ke Samne, Karauli (Raj).
2. Manoj Kumar Sharma S/o Shri Ram Sharan Sharma, Aged About 60 Years, R/o Patwar Khar Ke Pass, Master Colony, Bari, Dholpur (Raj)
3. Rati Kant Sharma S/o Ram Kishor Sharma, Aged About 60 Years, R/o Vidhut Nagar, Hathi Ghata, Karauli (Raj). ----Petitioners Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of Ayurveda (Ayush), Government Secretariat, Jaipur (Raj).
2. Deputy Secretary, Department Of Ayurveda And Bhartiya Chikitsa (Ayush), Government Secretariat, Jaipur (Raj).
3. The Director, Nideshalay Ayurved Vibhag, Rajasthan, Ajmer Having Its Office At Ashok Marg, Savitri Chauraha, Ajmer, Rajasthan-305001. ----Respondents For Petitioner(s) : Ms. Neetu Bhansali For Respondent(s) : Mr. Bhuvnesh Sharma, AAG JUSTICE ANOOP KUMAR DHAND
Order 27/01/2025
1. It has been stated that petitioners are working as Medical Officer (Ayurveda) and vide order dated 30.09.2024, issued by the Deputy Secretary, Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH), superannuation of petitioner Nos.1 & 2 has been declared w.e.f 28.02.2025 and petitioner No.3 w.e.f. 31.03.2025, on attaining the age of 60
[2025:RJ-JP:3743] (2 of 2) [CW-19216/2024] years, whereas the Division Bench of Rajasthan High Court in case of D.B. Civil Writ Petition No.2949/2024 (Dr. Mahendra Singh Jakhar and Ors. Vs. State of Rajasthan and Ors.) vide
order dated 28.02.2024, following the ratio decidendi expounded by the Division Bench vide order dated 13.07.2022 passed in D.B. Civil Writ Petition No.13496/2021 (Dr. Mahesh Chandra Sharma Vs. State of Rajasthan & Ors.), has decided that the Medical Officers in Ayurveda are entitled to serve till attaining the age of 62 years and their superannuation on attaining the age of 60 years, was declared arbitrary and contrary to the law.
2. In such view of the matter, it has been prayed by counsel for petitioners that the present matter be also decided in light of
order dated 28.02.2024 passed in case of Dr. Mahendra Singh Jakhar (supra).
3.
Learned counsel for the respondents have no objection.
4. In view of above, the instant writ petition stands disposed of in the light of order dated 28.02.2024 passed in case of Dr. Mahendra Singh Jakhar (supra). The impugned order dated 30.09.2024, qua petitioners stands set aside.
5. Stay application and any other pending application, if any, stand disposed of.
(ANOOP KUMAR DHAND),J Karan/252