Retired employees are deemed to have continued in service until age 62, entitling them to pensions and benefits.

Order :

1. Learned counsel for the parties jointly submit that the controversy involved in this writ petition is squarely covered by the order passed by a Division Bench of this Court at Jaipur Bench in Dr. Kedar Nath Sharma & Ors. Vs. State of Rajasthan & Ors. ( S.B. Civil Writ Petition No.19019/2024 ) on 10.01.2025, which reads as follows:

“1. 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 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.

2. 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 © 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 in the present case, the petitioners have retired and crossed the age of 62 years as on date.

3. 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. As the petitioners have retired and crossed the age of 62 years, they shall be deemed to have continued in service upto 62 years. This will require the respondents-authority to pass necessary orders treating them in service till attaining the age of 62 years in individual cases with consequential benefits of continuity of service. All other consequential action would also be required to be taken which include refixation of pension and other benefits.”

2. In light of the aforesaid submission made by learned counsel for the parties, the present petition is also disposed of in light of and with the similar direction as given in the case of Dr. Kedar Nath Sharma (supra).