MAUJI RAM SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is an Ayurvedic Doctor and presently posted at Karmawas, Barmer has preferred the instant Writ Petition under Article 226 of the Constitution of India seeking a direction for the respondents to allow him to continue in service till attaining the age of 62 years with all consequential benefits. The date of birth of the petitioner is 25/10/1964 and the respondents would be going to retire him from service on 31/10/2024 upon attaining the age of 60 years.

(2.) The facts relevant for disposal of the instant writ petition are that the Government of Rajasthan issued a Notification dtd. 31/3/2016 whereby the age of superannuation for the Allopathic Doctors working under the Government of Rajasthan was enhanced to 62 years than to 60 years. Some Ayurvedic doctors preferred a batch of writ petitions led by DBCWP No.13496/2021 (Dr. Mahesh Chandra Sharma and Ors. Vs. State of Rajathan and Ors.) decided on 13/7/2022 wherein it was held that there cannot be any discrimination in the age of superannuation between the Allopathic Doctors and the Ayurvedic Doctors. The said writ petition was decided by relying upon the decision rendered by Hon'ble the Supreme Court in the case of North Delhi Municipal Corporation Vs. Dr. Ram Naresh Sharma and Ors and batch of cases wherein it has been held as under:-

(3.) The respondent State of Rajasthan challenged the aforesaid judgment by way of filing SLP No.14308-14318/2022 before Hon'ble the Supreme Court, which came to be dismissed vide judgment dtd. 30/1/2024 whereby the judgment passed by the Division Bench was affirmed and it was held as under:-