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2018 Supreme(Raj) 1048

IN THE HIGH COURT OF RAJASTHAN, JAIPUR BENCH
Mohammad Rafiq, Goverdhan Bardhar, JJ.
B.S. Meena – Appellant
Vs.
State of Rajasthan – Respondent
Civil Writ Petition No. 7556 of 2018, 7557 of 2018, 9335 of 2018, 9550 of 2018, 11372 of 2018
Decided On : 03-10-2018

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.

Headnote:

Constitution of India - 1950– Article 14 - Indian Medical Council Act, 1956 – Section 33 - Bihar State Universities Act – Section 67 - RSR – Rule 56 – Employment - Conditions of service - Compulsory retirement of Government servant - Court with common grievance challenging that part of second proviso to Rule of Rajasthan Service Rules introduced vide amendment by Notification which while enhancing age of superannuation in respect of MBBS degree holder Medical Teachers of Rajasthan Medical Service from years restricted their continuation during enhanced period only on non-administrative posts - At time of issuance of impugned Notification– Held, Discussion court hold that even though this Court wields power of judicial review to examine constitutional validity of rule in question but this Court does not act as an appellate authority over policy open to interference by Courts in exercise of power of judicial review only if they are manifestly arbitrary capricious or are opposed to any statutory provision or violating of any constitutional provision - Wisdom of executive on comparative merit of alternative decisions is not matter within the domain of this Court – Petition dismissed

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 (Psychiatric) and Superintendent, Psychiatric Centre, Jaipur, petitioners Dr. U.S. Agarwal and Dr. S.K. Jain in Writ Petition No. 9335/2018 were respectively working on the post of Principal & Controller and Additional Principal, S.M.S. Medical College and attached Hospitals thereto, Jaipur, petitioners Dr. V.D. Sinha and Dr. Vinay Tomar in Writ Petition No.9550/2018 were respectively working on the post of Head of Department, Neurosurgery, and Head of Department, Urology, S.M.S. Medical College, Jaipur, petitioner Dr. Rajendra Kumar Gokhroo in Writ Petition No.11372/2018 was working on the post of Principal and Controller, J.L.N. Medical College, Ajmer, and petitioner Dr. Naresh N. Rai in Writ Petition No.14571/2018 was working on the post of Additional Principal, Government Medical College, Kota.

4. Indisputably, the conditions of service of all the petitioners are regulated by the Rajasthan Medical Services (Collegiate Branch) Rules, 1962, they being the members of the cadre of the Rajasthan Medical Services (Collegiate Branch). So far as their age of superannuation is concerned, the conditions of their services in this behalf were regulated by Rule 56 of the Rajasthan Service Rules, 1951 (for short, 'RSR'), which, while originally provided as under:

"56. The date of compulsory retirement of a Government servant would be the afternoon of the last day of the month in which he attains the age of 60 years.

Provided that the provisions of age of compulsory retirement, as contained in this rule, shall not be applicable in the case of Government servants who are in service after attaining the age of compulsory retirement either on reemployment or on extension in service."

5. The second proviso of Rule 56 of the RSR was introduced by way of amendment vide Notification dated 31.03.2016 in the following terms:-

"Provided further that the age of superannuation in respect of MBBS degree holder Medical Teachers of the Rajasthan Medical Service (Collegiate Branch) and MBBS degree holder Officers of the Rajasthan Medical & Health Service shall be 62 years."

6. The effect of the aforesaid amendment was that while the age of retirement of all other Government servants continued to be 60 years but in the case of MBBS degree holder Medical Teachers of the Rajasthan Medical Service (Collegiate Branch) and MBBS degree holder Officers of the Rajasthan Medical & Health Service, it stood uniformly extended to 62 years.

7. A photostat copy of the note-sheet of the official file, on which the proposal for enhancing the age of retirement from 62 to 65 years was dealt with, has been placed on record. It is evident there from that the proposal for enhancing the age of retirement was mooted taking clue from similar provision introduced by the Department of Personnel, Government of






























































































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