KALYAN PRASAD S/O SHRI RAMKISHOR v. STATE OF RAJASTHAN
CW/854/2025 · 2025-01-21
Sudesh Bansal
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 3787 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3787 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:2897] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 854/2025
1. Kalyan Prasad S/o Shri Ramkishor, Aged About 60 Years, R/o Khadi Bhandar Ke Samne, Hindaun Road Deewali, Bhusawar, Bharatpur, Raj. 321406.
2. Ram Niwas S/o Shri Roop Singh, Aged About 60 Years, R/o 233, Sector No. 1, Adarsh Nagar, Bayana, Bharatpur, Raj. 321401. ----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, Nideshalaya Ayurved Vibhag, Rajasthan, Ajmer Having Its Office At Ashok Marg, Savitri Chauraha, Ajmer, Rajasthan-305001. ----Respondents For Petitioner(s) : Ms. Neetu Bhansali for Mr. Amit Jindal For Respondent(s) : Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE SUDESH BANSAL
Order 21/01/2025
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 No.1 has been declared w.e.f 28.02.2025 and petitioner No.2 w.e.f. 31.03.2025, on attaining the age of 60 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
[2025:RJ-JP:2897] (2 of 2) [CW-854/2025] 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. Respondents have no objection.
4. In view of above, the instant writ petition is 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.
(SUDESH BANSAL),J Sachin/9