DR. MOHAMMAD ASLAM KHAN S/O MOHAMMAD BASHEER KHAN v. STATE OF RAJASTHAN
CW/15213/2025 · 2025-10-07
Baljinder Singh Sandhu, Sanjeev Prakash Sharma
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 39703 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39703 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:40647-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 15213/2025
1. Dr. Mohammad Aslam Khan S/o Mohammad Basheer Khan, Aged About 66 Years, R/o Plot No. 66, Prim Estate Behind Jnu Sadtm, Kho Nagriyan, Jagatpura, Jaipur, Rajasthan. (Ppo No. 1106476)
2. Dr. Mohammad Owais S/o Mohammad Aqil, Aged About 67 Years, R/o H.n. 441 Opposite Masjid - Ai - Ameer, Modern Colony 48 Beegha, Nai Ki Thadi, Lalwas, Jaipur, Rajasthan. (Ppo No. 1081654)
3. Dr. Shameemur Rehman Siddiqui S/o Hafiz Ur Rehaman Siddiqui, Aged About 68 Years, R/o A/6 Raval Ji Ki Mori, Gangapole Shaheen Clinic Char Darwaza, Jaipur, Rajasthan. (Ppo No. 1055893)
4. Dr. Mohommed Yousuf Siddiqui S/o Anwar Ali Siddiqui, Aged About 66 Years, R/o 2Jha1, Housing Board Shastri Nagar, Jaipur, Rajasthan (Ppo No. 1121249)
5. Dr. Tohid Fatma W/o Zafar Ali, Aged About 65 Years, R/o 571/3 H A R Colony Chardarwaza Bahar, Jaipur, Rajasthan (Ppo No. 1142425)
6. Dr. Iqbal Ahmed S/o Haji Abdul Hai, Aged About 63 Years, R/o Ward No. 18 Changvariya Pada, Bari, Dholpur, Rajasthan (Ppo No. 1185882)
7. Dr. Mehmudul Hasan Ansari S/o Shafeeq Ahmed, Aged About 68 Years, R/o Near Agency Masjid, Kota Road, Deoli, Tonk, Rajasthan (Ppo No.1073034)
8. Dr. Najam Zaki S/o Syed Ahmed Zaki, Aged About 64 Years, R/o P 3 Ga 19, Housing Board, 17 No. Bus Stand, Shastri Nagar, Jaipur, Rajasthan (Ppo No. 1142430)
9. Dr. Izzat Ullah Khan S/o Hikmat Ullah Khan, Aged About 65 Years, R/o Kherthal Road, Shiv Colony, Kishangarh Bas, Alwar, Rajasthan. (Ppo No. 1127274)
10. Dr. Safdar Raza S/o Syed Muzaffar Husain, Aged About 67 Years, R/o Gali No.03, Azad Nagar, Ajmer, Khanpura Road, Ajmer, Rajasthan (Ppo No. 1072123)
11. Dr. Ghayas Anwar Khan S/o Mohammad Anwar Khan, Aged About 66 Years, R/o 35/255, Pratap Nagar Housing Board, Sanganer, Jaipur, Rajasthan. (Ppo No. 1113306)
[2025:RJ-JP:40647-DB] (2 of 4) [CW-15213/2025]
12. Dr. Nawazul Haque S/o Lt. Asrarul Haque, Aged About 65 Years, R/o 235/3 Moin House, Kumhar Mohalla, Inside Delhi Gate, Ajmer, Rajasthan. (Ppo No. 1136140)
13. Dr. Shakeel Ahmed S/o Jameel Ahmed, Aged About 66 Years, R/o Gulshan Nagar, Subhash Chauk Char Darwaza, Jaipur, Rajasthan. (Ppo No. 1174922)
14. Dr. Mohammad Haroon Khan S/o Sahimuddin Khan, Aged About 67 Years, R/o Fathepur Shekhawati, Sikar, Rajasthan. (Ppo No. 1065703) ----Petitioners Versus
1.
State Of Rajasthan, Through Its Principal Secretary, Ayurveda, Yoga And Naturopathy, Unani, Siddha And Homeopathy, (Ayush) Department, Govt. Of Rajasthan, Secretariat, Jaipur. 2. The Additional Chief Secretary, Department Of Finance (Rules Division), Government Of Rajasthan, Government Secretariat, Jaipur. 3. Dy. Secretary, Ayurveda, Yoga And Naturopathy, Unani, Siddha And Homeopathy, (Ayush) Department, Govt. Of Rajasthan, Secretariat, Jaipur
4. The Director, Unani Medical Department, Ayush Bhawan, Sector-26, Pratap Nagar (Sanganer), Jaipur. 5. Director, Pension And Pensioners Welfare, Government Of Rajasthan, Jyoti Nagar, Lalkothi Jaipur. ----Respondents For Petitioner(s) : Mr. Varun Sharma, Adv. For Respondent(s) : Mr. Vishnu Dutt Sharma, AAAG Mr. Aaditya Godara, AAAG HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order 07/10/2025
1. Issue notice to the respondents. [2025:RJ-JP:40647-DB] (3 of 4) [CW-15213/2025]
2. Mr. Vishnu Dutt Sharma, learned AAAG, accepts notice on behalf of respondents. 3. The issue raised in the present writ petition is no more res-integra and the judgment passed by this Court in the case of Dr. Sukh Ram Vs. State of Rajasthan & Ors.: D.B. Civil Writ Petition No. 9910/2025 decided on 13.08.2025 which reads as under:-
“1.Issue notice. 2.Ms. Mahi Yadav, learned Additional Advocate General accepts notice on behalf of the respondents No.1 and 4. Mr. Bhuvnesh Sharma, learned Additional Advocate General accepts notice on behalf of the respondents No.2 and 3. 3.Mr. Bhuvnesh Sharma, learned Additional Advocate General has no qualms with regard to passing the order on similar terms as for the judgment passed by this Court in Bunch of cases with lead case being D.B. Civil Writ Petition No.13496/2021 (Dr. Mahesh Chandra Sharma & Ors. vs. State of Rajasthan & Ors.) decided on
13.07.2022. 4.However, learned Additional Advocate General submits that the present petition has been filed by the petitioners after having attained the age above 62 years, claiming that they should have been allowed to work upto the age of 62 years. He, therefore, submits that the petitioners ought not be granted the actual benefits for the period between 60 to 62 years. 5.Having considered the submissions made above, we hold that the petitioners ought to have been allowed to continue upto the age of 62 years and their retirement age ought to have been 62 years as has held by the Division Bench of this Court in D.B. Civil Writ Petition No.13496/2021 (Dr. Mahesh Chandra Sharma & Ors. vs. State of Rajasthan & Ors.) and other connected writ petitions (supra). 6.However, we are inclined to accept the contentions raised by learned Additional Advocate General that actual benefits are not required to be paid to the petitioners who have approached the Court after much delay. They would, therefore, be entitled to only notional benefits for the period from 60 to 62 years. Their pension however shall be notionally fixed, as if they retired at the age of 62 years by granting them notional benefits of increments, their last pay would accordingly be calculated and the pension would accordingly be revised. They would of course be entitled to the arrears of revised pension from 62 years onward.
The arrears shall be calculated as
directed above and released to the petitioners expeditiously preferably within a period of three months. 7.The present writ petition is accordingly allowed as above.”
4. In view of the above judgment passed by the Division Bench of this Court in the matter of Dr. Sukh Ram Vs. State of
[2025:RJ-JP:40647-DB] (4 of 4) [CW-15213/2025] Rajasthan & Ors., the present Civil Writ Petition is, therefore, allowed in the aforesaid terms mutatis mutandis.
5. Pending application(s), if any, stand disposed of.
(BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACJ HEENA/MAHIMA/40