[2026:RJ-JP:1540] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2/2026 Dr. Laxman Parsad Sharma S/o Jeevan Lal Sharma, Aged About 65 Years, R/o 2 K 20, Housing Board, Keshav Nagar Baswara Rural, Banswara Rajasthan 327001. ----Petitioner 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 Bhartiya Chikitsa (Ayush), Government Of Rajasthan, Government Secretariat, Jaipur. 3. Dy. Secretary, Department Of Ayurveda And Bhartiya Chikitsa (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 For Respondent(s) : Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 15/01/2026 1. Learned counsel for the petitioner has submitted that petitioner is Ayurvedic Doctor. At the outset, learned counsel has relied upon the ratio encapsulated in Special Leave Petition (C) No.9563 of 2024 titled State of Rajasthan and Ors. Versus Anisur Rahman. It is submitted that by the said judgment, parity [2026:RJ-JP:1540] (2 of 2) [CW-2/2026] has been maintained qua the retirement age of Allopathic Doctors and the Ayurvedic Doctors, however, for further consideration the matter is referred to the larger Bench. It is submitted that the present matter can be disposed of in light of para-10 of the above- said judgment, which is reproduced as below: "10. In the meanwhile, the States and the authorities would be entitled to either continue the practitioners of indigenous systems of medicine, even after the age of superannuation specified for them till the age of superannuation provided for MBBS doctors, without the benefit of regular pay and allowances. Eventually, if the larger Bench holds in favour of the AYUSH doctors, entitling them for enhancement in retirement age, the practitioners would be entitled to avail pay and allowances during the period they were continued. However, if they are not allowed to continue by virtue of this order, still they would be entitled to avail the pay and allowances for the enhanced period, if the issue is held in their favour. If the State Government permits such continuance and the individual doctors do not take up such assignment without regular pay and allowances, they would be treated as retired and the fate of this reference will be inconsequential to them." 2. Learned counsel for the respondents Mr. Bhuwnesh Sharma, AAG is unable to controvert the said submissions. 3. In light of the same, the present writ petition is allowed in terms of para-10 of the Anisur Rahman (supra). 4. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J DEEPAK/18