[2026:RJ-JP:22429] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9303/2026 Dr. Rajesh Sharma Son Of Shri Kedar Nath Sharma, Aged About 60 Years, Resident Of Manoram, Gulab Kunj, Purohi Para, Brahmpuri, Jaipur , Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Ayurved, And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Government Secretariat, Jaipur 2. Dy. Secretary, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Government Secretariat, Jaipur 3. Director, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Ajmer 4. Deputy Director, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Jaipur-B, Jaipur ----Respondents connected with S.B. Civil Writ Petition No. 9311/2026 Dr. Subhash Chandra Sharma Son Of Shri Ramkishor Sharma, Aged About 60 Years, Resident Of 218, Parshvanath Nagar, Sanganer, Jaipur, Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Ayurved, And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Government Secretariat, Jaipur 2. Dy. Secretary, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Government Secretariat, Jaipur 3. Director, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Ajmer 4. Deputy Director, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Jaipur-B, Jaipur ----Respondents S.B. Civil Writ Petition No. 9335/2026 [2026:RJ-JP:22429] (2 of 4) [CW-9303/2026] 1. Vijay Shankar Gautam Son Of Shri Chiranji Lal Sharma, Aged About 60 Years, Resident Of Malarna Chour, Tehsil Malarna Doongar, Sawai Madhopur, Rajasthan 2. Umesh Chand Sharma Son Of Shri Khoobi Lal Sharma, Aged About 60 Years, Resident Of Plot No. 61, Chitrakoot Nagar, Near Aashirwad Marriage Garden, Teen Bar, Karauli, Rajasthan ----Petitioners Versus 1. State Of Rajasthan, Through Its Principal Secretary, Ayurved, And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Government Secretariat, Jaipur 2. Dy. Secretary, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Government Secretariat, Jaipur 3. Director, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Ajmer ----Respondents For Petitioner(s) : Mr. Nitesh Kumar Garg For Respondent(s) : Mr. Vishnu Kant Sharma for Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE SUDESH BANSAL Order 26/05/2026 1. In all three writ petitions, issue involved is identical in nature, hence, all three writ petitions have been tagged together and would be decided by this common order. 2. On behalf of respondents, nominated counsel has put in appearance and with the consent of learned counsel of both the parties, representations have been heard finally on merits at this stage itself. 3. The grievance of petitioners is that petitioners are likely to be retired on attaining the age of 60 years from the post of [2026:RJ-JP:22429] (3 of 4) [CW-9303/2026] Medical Officer (Aayurveda) whereas petitioner are entitled and willing to render services as Medical Officer (Aayurveda) until attaining the age of 62 years. However, respondents have declared retirement of petitioners on the age of 60 years with effect from 31.07.2026. 4. Learned counsel for both the parties are ad idem that the issue of increasing retirement age of Medical Officer (Aayurveda) from 60 years to 62 years is subjudice before the Hon’ble Supreme Court as same has been referred to larger Bench in Special Leave Petition (C) No.9563/2024 titled as State of Rajasthan and Ors. Vs. Anisur Rahman vide order dated 17.10.2025 and until the final adjudication of issue by the larger Bench, the Hon’ble Supreme Court in its order dated 17.10.2025 has observed as under:- “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. 11. Considering the fact that if the AYUSH doctors are continued, they will not be entitled to pension also, it is directed that they shall be paid [2026:RJ-JP:22429] (4 of 4) [CW-9303/2026] half of the pay and allowances, which, if the reference does not yield any favourable orders will be adjusted in their pension or otherwise against the regular pay and allowances.” 5. Petitioners are willing to continue in the service until attaining the age of 62 years in terms of the interim order passed by the Hon’ble Supreme Court (supra) but the respondents did not entertain their representation and verbally asked them to approach the Court for seeking such direction, hence, these writ petitions have been filed. 6. Learned counsel appearing on behalf of respondents do not dispute that if any written representation/request is made by petitioners to continue them as Medical Officer (Aayurveda) in terms of interim order till the age of 62 years, same shall be considered in terms of the order of Hon’ble Supreme Court dated 17.10.2025 passed in the case of State of Rajasthan (supra). 7. In view of above, the instant writ petitions are disposed of with liberty to petitioners to submit the written representation/request before the respondents within a period of one month which shall be considered by the respondents by passing a conscious and speaking order keeping in mind the interim arrangements made by Hon’ble Supreme Court in the case of State of Rajasthan (supra). 8. Accordingly, the instant writ petitions stand disposed of with aforesaid liberty 9. All pending applications, if any, also stands disposed of. (SUDESH BANSAL),J GAURAV SHARMA/2-4