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2025 DAILYLAW 37038 (RAJ)

DR. MAZOOR AHMED KHOKHER S/O VAZIR MOHAMMED v. STATE OF RAJASTHAN

CW/17088/2025 · 2025-11-13

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:45802] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17088/2025 1. Dr. Mazoor Ahmed Khokher S/o Vazir Mohammed, Aged About 67 Years, R/o Behind Of Dhan Mandi, Gurunanak Colony, Bundi, District Bundi (Raj.). 2. Dr. Krishn Murari Rewal S/o Ram Narayan, Aged About 67 Years, R/o Near Bavdi, Village Gothada, District Bundi (Raj.). 3. Dr. Bhanwar Singh Hada S/o Kalyan Singh, Aged About 68 Years, R/o A-167, Roop Nagar, Jhalawar City, District Jhalawar (Raj.) 4. Dr. Diwakar Sharma S/o Nityanand Sharma, Aged About 67 Years, R/o Nityanand Ji Ka Makan, Balchand Pada, Bundi, District Bundi (Raj.). 5. Dr. Ashok Kumar Saxena S/o Ram Babu Saxena, Aged About 68 Years, R/o 1-I-28, Vikas Nagar, Bundi, District Bundi (Raj.). 6. Dr. Yogesh Kumar Kashyap S/o Ramchandra Sharma, Aged About 67 Years, R/o Sangam Vihar, Behind Menal Hotel, Bundi Road, Kota, District Kota (Raj.). 7. Dr. Om Prakash Sharma S/o Ram Laxman Sharma, Aged About 65 Years, R/o H. No. 33, Kesri Singh Nagar, Police Line, Bundi, District Bundi (Raj.) 8. Dr. Ved Bhushan Pareek S/o Kunj Bihari Lal Pareek, Aged About 68 Years, R/o Ward No. 15, Pareek Sadan, Near Swami Ji Temple, Chechat, Alod, District Kota (Raj.). ----Petitioners Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Department Of Finance, Government Secretariat, Jaipur (Raj.). 2. Principal Secretary, Department Of Ayurveda And Bhartiya Chikitsa, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.). 3. Dy. Secretary, Department Of Ayurveda And Bhartiya Chikitsa, Government Of Rajasthan, Government Secretariat, Jiapur (Raj.). 4. Director Ayurveda, Directorate Of Ayurveda, Ajmer (Raj.). [2025:RJ-JP:45802] (2 of 3) [CW-17088/2025] 5. Director, Pension And Pension Welfare, Govt. Of Rajasthan, Jyoti Nagar, Jaipur (Raj.). ----Respondents For Petitioner(s) : Ms. Vijay Laxmi Gautam for Mr. Ashindra Gautam For Respondent(s) : Mr. Bhuwnesh Sharma, AAG Mr. Aditya Godara for Ms. Mahi Yadav, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/11/2025 1. Mr. Bhuwnesh Sharma, AAG accepts notice for respondent Nos. 1 to 4 whereas Aditya Godara accepts notice on behalf of Ms. Mahi Yadav for respondent No.5. 2. Office is directed to reflect the name of Mr. Bhuwnesh Sharma and Ms. Mahi Yadav as counsel for respondents. 3. Learned counsel for petitioner placing reliance upon judgment dated 13.07.2022 in D.B. Civil Writ Petition No. 13496/2021 titled as Dr. Mahesh Chandra Sharma & Ors. Vs. State of Rajasthan and Ors. and order dated 13.08.2025 in DB Writ Petition No. 9910/2025 titlled as Dr. Sukhram And Anr. Vs. State of Rajasthan and Ors. and submits that this writ petition be disposed of in accordance with ratio as laid down by Hon’ble Division Bench of this Court. 4. Learned AAG, Mr. Bhuwnesh Sharma submits that recently a SLP (Civil) filed by State of Rajasthan, challenging orders in several cases, Hon’ble Supreme Court has referred the issue to a larger Bench and till disposal by the larger Bench an interim order was passed but he has no objection in case this writ petition is [2025:RJ-JP:45802] (3 of 3) [CW-17088/2025] disposed of in accordance with judgment of Hon’ble Supreme Court. 5. In case of Dr. Mahesh Chandra Sharma (supra), the age of superannuation of Ayush doctors increased to 62 years but in case of Dr. Sukhram (supra), a notional benefit is granted to those Ayush doctors who superannuated at the age of 60 years but were not continued till attaining age of 62 years. The petitioners have crossed the age of 62 years and as per the counsel for petitioners, they are entitled for notional benefit as decided in case of Dr. Sukhram (supra). 6. Having considered aforesaid and also the judgments as referred hereinabove, the writ petition is disposed of on terms as decided by Hon’ble Supreme Court in SLP (c) No. 9563/2024 order dated 17.10.2025 (State of Raj. And Ors. Vs. Anisur Rahman). The petitioner is entitled to benefitsin accordance with decision of Hon’ble Supreme Court in case of Anisur Rahman (supra). 7. With aforesaid, the instant writ petition stands disposed with pending application(s), if any. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /149