DR HARI SHANKAR SHARMA S/O SHRI LEELA RAM SHARMA v. STATE OF RAJASTHAN
CW/2484/2025 · 2025-02-19
Inderjeet Singh, Maneesh Sharma
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 7331 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7331 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:7243-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 2484/2025
1. Dr Hari Shankar Sharma S/o Shri Leela Ram Sharma, Aged About 69 Years, Resident Of F-8/56, Chitrkoot Youjana, Ajmer Road, Vaishali Nagar, Jaipur, Rajasthan- 302021
2. Dr Chanadra Shekhar Sharma S/o Shyamswaroop Sharma, Aged About 65 Years, Resident Of 3, Vijay Nagar, D- Block, Jaipur, Rajasthan - 302017
3. Dr Surendra Singh Mahalawat S/o Shri Ramji Lal, Aged About 68 Years, Resident Of Vill- Jat Baharod, Teh- Mundawar, Behror Jat, Alwar, Rajasthan- 301714
4. Dr Uma Shankar Sharma S/o Shri Madan Lal Sharma, Aged About 65 Years, Resident Of Ward No. 07, Bas Stand Ke Pass, Bhamod,teh- Viratnagar, Jaipur, Rajasthan - 303003
5. Harsh Kumar Sharma S/o Shri Ramawatar Sharma, Aged About 68 Years, Resident Of A- 106, Budh Vihar, Alwar, Rajasthan- 301001.
6. Dr Jagdish Prasad Sharma S/o Shri Ramswaroop Sharma, Aged About 63 Years, Resident Of Jhandhe Ka Pura, Tontri, Dholpur, Rajasthan- 328021
7. Dr Kumari Vaijanti Mala Bhatnagar W/o Shri Gori Shankar Bahatnagar, Aged About 66 Years, Resident Of Plot No 17, Krsana Colony Kalyan Ji Ki Choki, Khatipura, Jaipur, Rajasthan- 302012.
8. Dr Vinayak Kumar Sharma S/o Shri Ramawatar Sharma, Aged About 63 Years, Resident Of 70, Sindhu Nagar, Ward No 68, Muralipura, Jaipur, Rajasthan- 302013
9. Dr Om Prakash Laxkar S/o Shri Mahadev Prasad Laxkar, Aged About 64 Years, Resident Of Lakheron Ka Mohalla, Morija, Jaipur, Rajasthan-303805
10. Dr Bhagwan Singh S/o Shri Sahab Singh, Aged About 64 Years, Resident Of 109, Gurunanak Colony, Ranjeet Nagar, Bharatpur, Rajasthan- 321001 ----Petitioners Versus
1. State Of Rajasthan, Through Its Additional Chief
[2025:RJ-JP:7243-DB] (2 of 3) [CW-2484/2025] Secretary, Department Of Finance (Rules Division), Government Of Rajasthan, Government Secretariat, Jaipur.
2. The Principal Secretary, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan Government Secretariat Jaipur.
3. The Deputy Secretary, Ayurved And Bhartiya Chiktsa Vibhag, Government Of Rajasthan Government Secretariat, Jaipur.
4. The Director, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan Ajmer.
5. Director, Pension And Pensioners Welfare, Government Of Rajasthan, Jyoti Nagar, Lalkothi Jaipur. ----Respondents For Petitioner(s) : Mr. Yash Tiwari. For Respondent(s) : Mr. Bhuwnesh Sharma, AAG with Ms. Sunita Meena & Mr. Samee Khan.
HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE MANEESH SHARMA
Order 19/02/2025
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 petitioner.
2. Learned counsel for the petitioner 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
[2025:RJ-JP:7243-DB] (3 of 3) [CW-2484/2025] 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 petitioner further submitted that in the present case, the petitioner has 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 petitioner has retired and crossed the age of 62 years, he shall be deemed to have continued in service upto 62 years. This will require the respondents-authority to pass necessary orders 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.
(MANEESH SHARMA),J (INDERJEET SINGH),J MG/88(same)