Dr. Ramesh Chandra Sharma S/O Moti Lal Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Dr. Ramesh Chandra Sharma S/O Moti Lal Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition finally disposed of in terms of the earlier order in D.B. Civil Writ Petition No.13496/2021 (decided 13.07.2022); petitioners deemed to have continued in service up to age 62 years; respondents to pass individual orders with consequential benefits of continuity of service, including refixation of pension and other benefits.

Issue for consideration

Whether the petitioners, who have retired and crossed the age of 62 years, are entitled to be deemed to have continued in service up to the age of 62 years with consequential benefits, in terms of the earlier order of this Court in D.B. Civil Writ Petition No.13496/2021.

Ratio / Principle

In view of the intervening developments (including the Supreme Court orders noted), this petition is finally disposed of in terms of the earlier order of this Court in Dr. Mahesh Chandra Sharma & Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition No.13496/2021, decided on 13.07.2022.

Key takeaways

The petitioners, having retired and crossed the age of 62 years, shall be deemed to have continued in service up to the age of 62 years.ratio¶¶24
The respondents-authority is required to pass necessary orders treating the petitioners in service till attaining the age of 62 years in individual cases, with consequential benefits of continuity of service.ratio¶¶28
All other consequential action is also required to be taken, which includes refixation of pension and other benefits.

Detailed headnote1 paragraphs

Division Bench disposed of a writ petition by four retired Ayurved doctors seeking the benefit of this Court's earlier order in Dr. Mahesh Chandra Sharma & Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition No.13496/2021, decided on 13.07.2022. Taking note of subsequent developments before the Supreme Court — the dismissal of the Review Petition in State of Rajasthan & Ors. Vs. Dr. Mahesh Chandra Sharma on 15.10.2024, and the Supreme Court's order dated 27.09.2024 in The State of Rajasthan & Ors. Vs. Pyare Lal Meena & Ors. (Special Leave to Appeal (C) No.10560/2024) clarifying that there was no stay on the High Court's judgment and directing clearance of outstanding salary within one week — the Court held that the petitioners, who had retired and crossed the age of 62 years, shall be deemed to have continued in service up to the age of 62 years. The respondents-authority was directed to pass necessary orders to this effect in individual cases, with consequential benefits of continuity of service, and to take all consequential action including refixation of pension and other benefits.

[2025:RJ-JP:18882-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Civil Writ Petition No. 6145/2025

Dr. Ramesh Chandra Sharma S/o Moti Lal, Aged About 67 Years, R/o 73/73A, Paramhans Marg, Mansarovar, Jaipur, Rajasthan- 302020

Dr Prakash Kumar Tamboli S/ Sh. Kahiya Lal Tamboli, Aged About 67 Years, R/o 11-12 Pushpak, Vinayak Vihar, Akashwani Colony, Kota, Rajasthan- 324001

Dr Ram Charan Dadhich C/o Anirudh Prasad Dadhich, Aged About 67 Years, R/o Plot No.8 Bharat Nagar, Bundi, Rajasthan Rajasthan-323001

Dr. Babu Lal Sharma S/o Lalchand Sharma, Aged About 66 Years, R/o Mitra Niwas Colony, Near M.s.s School, Kishangarh, Ajmer, Rajasthan-305801

----Petitioners

Versus

State Of Rajasthan, Through Additional Chief Secretary, Finance Department, Government Of Rajasthan, Secretariat, Jaipur.

The Director, Department Of Ayurved, Government Of Rajasthan, Ajmer, Rajasthan.

State Of Rajasthan, Through Principle Secretary, Department Of Ayurved And Bhartiya Chikita, Government Of Rajasthan, Secretrait, Jaipur, Rajathan.

The Director Pension Department, Rajasthan Government, Jyoti Nagar Jaipur.

----Respondents

For Petitioner(s) : Mr. Bhuvnesh Tiwari For Respondent(s) : Mr. Samee Khan on behalf of Mr. Bhuwnesh Sharma, AAG

HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

[2025:RJ-JP:18882-DB]

[CW-6145/2025]

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05/05/2025

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.

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 Rajasthan & 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.

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

[CW-6145/2025]

[2025:RJ-JP:18882-DB]

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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.

(MUKESH RAJPUROHIT),J

(MANINDRA MOHAN SHRIVASTAVA),CJ

KAMLESH KUMAR-RAHUL/29