[2026:RJ-JP:1539]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20947/2025

1. Dr. Om Parkash Chaturvedi S/o Kishori Lal Chaturvedi, Aged About 59 Years, R/o A-17 Anand Colony P.g College K Piche Dausa Rajasthan 303303.

2. Dr. Roshan Lal Saini S/o Pyare Lal Saini, Aged About 59 Years, R/o Badwali, Pichupada Kurdh Dausa, Rajasthan

303313.

3. Dr. Jyoti Swaroop Sharma S/o Badri Prasad Sharma, Aged About 59 Years, R/o House No. A-44 Ward 57 Adarsh Nagar, Jaipur Rajasthan 112334

4. Dr. Dinesh Kumar Sharma S/o Ghanshyam Sharma, Aged About 59 Years, R/o Plot No. 08 Flat No. 101 Ward No. 11 Sanganer, Jaipur, Rajasthan 303505.

5. Dr. Om Parkash Sharma S/o Ram Gopal Sharma, Aged About 59 Years, R/o Jhupdya Rajawatan Lalsot, Dausa Rajasthan 303505.

----Petitioners Versus

1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Ayurveda (Ayush), Government Of Rajasthan, Government Secretariat, Jaipur.

2. State Of Rajasthan, Through Principal Secretary, Department Of Ayurveda And Bhartiya Chikitsa (Ayush), Government Of Rajasthan, Government Secretariat, Jaipur.

3. Dy. Secretary, Department Of Ayurveda And Bhartiya Chikitsa (Ayush), Government Rajasthan, Government Secretariat, Jaipur.

4. State Of Rajasthan, Through Principal Secretary, Department Of Personnel, Government Secretariat, Jaipur.

5. Director Ayurveda, Directorate Of Ayurveda, Ajmer.

----Respondents For Petitioner(s) : Mr. Rishabh Khandelwal HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

15/01/2026

1. Learned counsel for the petitioners has submitted that petitioners are Ayurvedic Doctors. At the outset, learned counsel has relied upon the ratio encapsulated in Special Leave Petition (C) No.9563 of 2024 titled State of Rajasthan and Ors. Versus Anisur Rahman. It is submitted that by the said judgment, parity has been maintained qua the retirement age of Allopathic Doctors and the Ayurvedic Doctors, however, for further consideration the matter is referred to the larger Bench. It is submitted that the present matter can be disposed of in light of para-10 of the above-said judgment, which is reproduced as below:

"10. In the meanwhile, the States and the authorities would be entitled to either continue the practitioners of indigenous systems of medicine, even after the age of superannuation specified for them till the age of superannuation provided for MBBS doctors, without the benefit of regular pay and allowances. Eventually, if the larger Bench holds in favour of the AYUSH doctors, entitling them for enhancement in retirement age, the practitioners would be entitled to avail pay and allowances during the period they were continued. However, if they are not allowed to continue by virtue of this order, still they would be entitled to avail the pay and allowances for the enhanced period, if the issue is held in their favour. If the State Government permits such continuance and the individual doctors do not take up such assignment without regular pay and allowances, they would be treated as retired and the fate of this reference will be inconsequential to them."

AAG is unable to controvert the said submissions.

3. In light of the same, the present writ petition is allowed in terms of para-10 of the Anisur Rahman (supra).

4. Pending applications, if any, shall stand disposed of.

(SAMEER JAIN),J DEEPAK/17