Dr. Madan Lal Beniwal S/O Chhitarmal Jat Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Dr. Madan Lal Beniwal S/O Chhitarmal Jat Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Same relief as in D.B. Civil Writ Petition No.13496/2021 (decided 13.07.2022): continuance in service with all consequential benefits including monetary benefits upto the age of 62 years.

Issue for consideration

Whether, in view of the subsequent developments in the connected litigation (including the Supreme Court orders reported at the hearing), the petitioner is entitled to the same relief as was granted in the aforesaid cases, i.e., continuance in service up to the age of 62 years with all consequential benefits.

Court's answer

In view of the developments brought to its notice, the Court need not keep the petition pending and finally disposes of it in terms of the order passed earlier by this Court in Dr. Mahesh Chandra Sharma & Ors. Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No.13496/2021, decided 13.07.2022).

Ratio / Principle

The petitioner is entitled to the same relief as granted in the aforesaid cases, namely to continue in service with all consequential benefits including monetary benefits upto the age of 62 years.

Detailed headnote1 paragraphs

High Court of Judicature for Rajasthan, Bench at Jaipur — D.B. Civil Writ Petition No. 7189/2025 (Dr. Madan Lal Beniwal v. State of Rajasthan & Ors., Ayurveda/Ayush Department service matter); Divisional Bench of Hon'ble the Chief Justice Mr. Manindra Mohan Shrivastava and Hon'ble Mr. Justice Mukesh Rajpurohit; order dated 13/05/2025. Taking into account developments after the Court's order of 20.09.2024 — including the dismissal of the Review Petition in State of Rajasthan & Ors. v. Dr. Mahesh Chandra Sharma by the Hon'ble Supreme Court on 15.10.2024 (stated at the bar) and the Supreme Court's order dated 27.09.2024 in The State of Rajasthan & Ors. v. Pyare Lal Meena & Ors., Special Leave to Appeal (C) No.10560/2024, clarifying that there is no stay on the High Court judgment and that any outstanding salary shall be cleared within one week — the Court found it unnecessary to keep the petition pending and finally disposed of it in terms of its earlier order in Dr. Mahesh Chandra Sharma & Ors. v. State of Rajasthan & Ors. and other connected matters (D.B. Civil Writ Petition No.13496/2021, decided on 13.07.2022). The petitioner, due to retire on 31.05.2025, was held entitled to the same relief: continuance in service with all consequential benefits including monetary benefits upto the age of 62 years. Counsel: Mr. Rishabh Khandelwal for the petitioner; Mr. Samee Khan and Ms. Sunita Meena for the respondents (on behalf of Mr. Bhuwnesh Sharma, Additional Advocate General).

[2025:RJ-JP:20063-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D. B. Civil Writ Petition No. 7189/2025

Dr. Madan Lal Beniwal S/o Chhitarmal Jat, aged about 59 years, R/o Nimodiya Jaipur, Rajasthan.

----Petitioner

Versus

State of Rajasthan, through Additional Chief Secretary, Department of Ayurveda (Ayush) Government of Rajasthan, Government Secretariat, Jaipur.

State of Rajasthan, through Principal Secretary, Department of Ayurveda and Bhartiya Chikitsa (Ayush), Government of Rajasthan, Government Secretariat, Jaipur.

Dy. Secretary, Department of Ayurveda and Bhartiya Chikitsa (Ayush), Government of Rajasthan, Government Secretariat, Jaipur.

State of Rajasthan, through Principal Secretary, Department of Personnel, Government Secretariat, Jaipur.

Director Ayurveda, Directorate of Ayurveda, Ajmer.

----Respondents

For Petitioner	:	Mr. Rishabh Khandelwal Advocate.
For Respondent	:	Mr. Samee Khan Advocate and Ms. Sunita Meena Advocate on behalf of
		Mr. Bhuwnesh Sharma Additional
		Advocate General.

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

Order

13/05/2025

Mr. Samee Khan, associate of Mr. Bhuwnesh Sharma, learned Additional Advocate General, on advance copy, enters appearance on behalf of the respondents.

After the order was passed by this Court earlier on 20.09.2024 in another petition, new developments have been

[2025:RJ-JP:20063-DB]

[CW-7189/2025]

(2 of 2)

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.

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 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 petitioner further submitted that the petitioner will retire from service on 31.05.2025.

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. The petitioner will be entitled to the same relief as was granted in the aforesaid cases meaning thereby, the petitioner is entitled to continue in service with all consequential benefits including monetary benefits upto the age of 62 years.

(MUKESH RAJPUROHIT),J

(MANINDRA MOHAN SHRIVASTAVA),CJ

MANOJ NARWANI-GARIMA/23.