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2025 DAILYLAW 43958 (RAJ)

DR. GIRRAJ PRASAD SHARMA S/O SHRI RAMGOPAL SHARMA v. STATE OF RAJASTHAN

CW/16841/2025 · 2025-11-14

Ashok Kumar Jain

Special Leave Petitionbody2025

Judgment text

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[2025:RJ-JP:46024] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16841/2025 Dr. Girraj Prasad Sharma S/o Shri Ramgopal Sharma, Aged About 65 Years, R/o D-172, Hasan Khan Mewat Nagar, Alwar. ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Department Of Ayush, State Of Rajasthan, Secretariat, Jaipur. 2. Director, Department Of Ayurved, State Of Rajasthan, Ajmer. 3. Director, Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. ----Respondents For Petitioner(s) : Mr. Amit Jindal For Respondent(s) : Mr. Bhuwnesh Sharma, AAG Mr. Aaditya Godara for Ms. Mahi Yadav, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/11/2025 1. Mr. Bhuwnesh Sharma, AAG accepts notice for respondent Nos. 1 and 2 whereas Aaditya Godara accepts notice on behalf of Ms. Mahi Yadav for respondent No.3. 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. submits that this [2025:RJ-JP:46024] (2 of 2) [CW-16841/2025] 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) No. 9563/2024 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 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 benefits in 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 /130