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2025 DAILYLAW 4214 (RAJ)

DR MAHESH CHANDRA SHUKLA S/O BHAGWATI SHANKER SHUKLA v. STATE OF RAJASTHAN

CW/1077/2025 · 2025-02-14

Manindra Mohan Shrivastava, Uma Shanker Vyas

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:6569-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 1077/2025 1. Dr Mahesh Chandra Shukla S/o Bhagwati Shanker Shukla, Aged About 65 Years, R/o D-21, Punarwas Colony, Sagwara, P.o. Sagwara, Dungarpur, 314025. 2. Dr. Navneet Prasad Pandya S/o Kamar Lal Pandya, Aged About 67 Years, R/o 24, Sushrut, Brahmsthali Colony, New Colony, Dungarpur, 314001. 3. Dr. Praveen Chandra Bhatt S/o Krishna Lal Bhatt, Aged About 67 Years, R/o Ward No. 7 Bhatt Mohalla, Mukam Post Baroda, Baroda Aspur Dungarpur, Rajasthan 314038. 4. Dr. Kanhaiya Lal Shrma S/o Mul Chand Sharma, Aged About 65 Years, R/o Plot No. 86, Gokul Vihar, Buddhsinghpura, Sanganer Jaipur, 302033. 5. Dr. Chaturbhuj Sharma S/o Mooliram Sharma, Aged About 66 Years, R/o Akshaydeep Enclave A. Akshaypatra, Goner Road, Jagatpura, Shri Kishanpura, Jaipur, Rajasthan, 303905. ----Petitioners Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Ayurveda (Ayush) Government Of Rajasthan, Government Secretariat, Jaipur. 2. State Of Rajasthan, Through Principal Secretary, Department Of Ayurveda And Bhartiyachikitsa (Ayush), Government Of Rajasthan, Government Secretariat, Jaipur. 3. Dy. Secretary, Department Of Ayurveda And Bhartiyachkitsa (Ayush), 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. Rishabh Khandelwal & Mr. Anuraag Sharma For Respondent(s) : Mr. Samee Khan for Mr. Bhuwnesh Sharma, AAG HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS Order [2025:RJ-JP:6569-DB] (2 of 3) [CW-1077/2025] 14/02/2025 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 (C) 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 [2025:RJ-JP:6569-DB] (3 of 3) [CW-1077/2025] treating them in service till attaining the age of 62 years in individual cases with consequential benefits of continuity of service. All other consequential action would also be required to be taken which include refixation of pension and other benefits. (UMA SHANKER VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ N.Gandhi/Gaurav/09