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2018 Supreme(Raj) 1048

MOHAMMAD RAFIQ, GOVERDHAN BARDHAR
B. S. Meena – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Rajendra Kumar Soni, Adv., Vishal Soni, Adv., Mahendra Shah, Adv., Raja Ram Choudhary, Adv., Kamlesh Sharma, Adv., Vinay Mathur, Adv., Rajendra Prasad, Adv., Karan Tibrewal, Adv., Y.S. Jadaun, Adv., S.K. Gupta, Adv., Ajeet Kumar Sharma, Adv., V.K. Sharma, Adv., Prakhar Gupta, Adv., R.P. Singh, Adv., Himanshu Jain, Adv., Shishupal Singh, Adv.

JUDGMENT

Mohammad Rafiq, J.

Since all these writ petitions involve similar questions of the facts and the law, they were heard together and are being decided by this common judgment.

2. The petitioners in all these writ petitions are senior doctors in different branches of super-speciality and holding administrative positions in different Medical Colleges of the State Government.

3. They have approached this court with a common grievance challenging that part of second proviso to Rule 56 of the Rajasthan Service Rules, 1951, (for short, 'the RSR') introduced vide amendment by Notification dated 30.03.2018, which, while enhancing the age of superannuation in respect of MBBS degree holder Medical Teachers of the Rajasthan Medical Service (Collegiate Branch) from 62 to 65 years, restricted their continuation during the enhanced period only on non-administrative posts. At the time of issuance of the impugned Notification dated 30.03.2018, petitioner Dr. B.S. Meena in Writ Petition No.7557/2018 was working on the post of Medical Superintendent, Mahila Chikitsalaya, Jaipur, petitioner Dr. Pradeep Sharma in Writ Petition No.7556/2018 was working on the post of Professor and Head of Department





































































































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