Dr. Dwarika Sharma Wife of Shri Dinesh Kumar Sharma Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Dr. Dwarika Sharma Wife of Shri Dinesh Kumar Sharma 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 dated 13.07.2022 in D.B. Civil Writ Petition No.13496/2021 (Dr. Mahesh Chandra Sharma & Ors.); petitioners entitled to continue in service with all consequential benefits including monetary benefits up to the age of 62 years.

Issue for consideration

Whether the petitioners are entitled to the same relief as was granted in the earlier cases (Dr. Mahesh Chandra Sharma, D.B. Civil Writ Petition No.13496/2021, decided 13.07.2022), namely continuation in service with all consequential benefits including monetary benefits up to the age of 62 years.

Court's answer

In view of the developments noted (dismissal of the Review Petition by the Hon'ble Supreme Court on 15.10.2024 in State of Rajasthan v. Dr. Mahesh Chandra Sharma, and the Hon'ble Supreme Court's order dated 27.09.2024 in Pyare Lal Meena clarifying there is no stay on the High Court's judgment), the Court need not keep this petition pending and the same is finally disposed of 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 on 13.07.2022.

Ratio / Principle

The petitioners are entitled to the same relief as was granted in the aforesaid earlier cases, meaning they are entitled to continue in service with all consequential benefits including monetary benefits up to the age of 62 years.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur, DB: Shrivastava CJ and Rajpurohit J) disposed of D.B. Civil Writ Petition No. 7360/2025 (Dr. Dwarika Sharma and Dr. Prakash Vyas v. State of Rajasthan and others) on 14.05.2025 in terms of the Court's earlier common order dated 13.07.2022 in Dr. Mahesh Chandra Sharma & Ors. Vs. State of Rajasthan & Ors. and other connected matters (D.B. Civil Writ Petition No.13496/2021). Taking note of the dismissal of the Review Petition by the Hon'ble Supreme Court in State of Rajasthan v. Dr. Mahesh Chandra Sharma on 15.10.2024, and the Hon'ble Supreme Court's order dated 27.09.2024 in Pyare Lal Meena (SLP(C) No.10560/2024) clarifying that there is no stay on the High Court's judgment and that unpaid salary had to be cleared within a week, the Court held the petitioners entitled to the same relief as granted in the earlier cases: continuation in service with all consequential benefits, including monetary benefits, up to the age of 62 years.

[2025:RJ-JP:20324-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Civil Writ Petition No. 7360/2025

Dr. Dwarika Sharma Wife Of Shri Dinesh Kumar Sharma, Aged About 60 Years, Resident Of C-261, Siddhartha Nagar-C, Near Airport Terminal-2, Jaipur, Rajasthan

Dr. Prakash Vyas Son Of Shri Shiv Narayan Vyas, Aged About 60 Years, Resident Of 10, Gopal Kunj, Nimidia Mod, Chaksu, Jaipur, Rajasthan

----Petitioners

Versus

State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Finance (Rules Division), Government Of Rajasthan, Government Secretariat, Jaipur

Principal Secretary, Ayurved, And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Government Secretariat, Jaipur

Dy. Secretary, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Government Secretariat, Jaipur

Director, Ayurved And Bhartiya Chikitsa Vibhag, Government Of Rajasthan, Ajmer

----Respondents

For Petitioner(s) : Mr. Nitesh Kumar Garg For Respondent(s) : Mr. Samee Khan for Mr. Bhuwnesh Sharma, AAG

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

14/05/2025

Mr. Samee Khan, associate of Mr. Bhuwnesh Sharma, AAG 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 brought to the notice of this Court, one of them regarding

[2025:RJ-JP:20324-DB]

[CW-7360/2025]

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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 Petitioner No. 1 will retire from service on 31.05.2025 and Petitioner No. 2 will retire from service on 30.06.2025.

In view of the above developments, we need not keep this petition pending and same is also finally disposed of 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 petitioners will be entitled to the same relief as was granted in the aforesaid cases meaning thereby, the petitioners are 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

NAVAL Gandhi/Gaurav/38