HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Writ Petition No. 12447/2022

1.

Dr. Goda Charan Srivastva Son Of Shri Anand Krishan

Srivastva, Aged About 61 Years, Resident Of D-55-A

Nirman Nagar Ajmer Road Jaipur , District , Jaipur (Raj.)

2.

Dr. Suresh Chand Sharma Son Of Shri Shibu Ram

Sharma, Aged About 61 Years, Resident Of 10 N E B

Housing Board Ke Pas Onkar Colony Alwar , District ,

Alwar (Raj.)

----Petitioners

Versus

1.

State Of Rajasthan, Through The Principal Secretary,

Department Of Personnel, Government Secretariat, Jaipur

(Raj.)

2.

State Of Rajasthan, Through The Principal Secretary,

Department Of Finance, Government Secretariat, Jaipur

(Raj.)

3.

The Principal

Secretary,

Ayurved Department,

Government Secretariat, Jaipur

4.

The Director, Directorate Of Ayurveda, Ajmer

----Respondents

For Petitioner(s)

:

Mr. Ram Kishan Sharma

For Respondent(s)

:

Mr. C.L. Saini, AAG with

Ms. Srijana Shresth

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

26/08/2022

Heard.

Mr. C. L. Saini, Additional Advocate General, on advance

copy, enters appearance on behalf of the State.

Following reliefs have been sought:-

“(1) The

impugned

notification

dated

31.03.2016 by which the benefit of the

extension of age of superannuation has been

extended only to the doctors who are using

Allopathic Medicine for treatment and not

extending this benefit to the doctors who are

treating by using Ayurveda may be held to be

declared as ultra vires of the Constitution of

(2 of 4)

[CW-12447/2022]

India and accordingly the respondents may be

directed to extend this benefit to the members

of Rajasthan Ayurvedic, Unani, Homeopathy

and Naturopathy Service Rules, 1973 and

Ayurveda Chikitsak may also be held to be

entitled for their superannuation till 62 years

like Allopathic Doctors accordingly, the order

dated 29.07.2020 depicting the date of

superannuation of the humble petitioners may

also be quashed and set aside and the humble

petitioners may be entitled to be

superannuated only on completion of age of 62

years, in the interest of justice and also be

given monetary service benefits.

(2) Any other relief which this Hon’ble Court

may deem fit and proper in the facts and

circumstances of the case, may also kindly be

passed in favour of the petitioners.”

This Court in the case of Dr. Mahesh Chandra Sharma &

Ors. Versus State of Rajasthan & Ors. (D.B. Civil Writ

Petition No.13496/2021 and batch of petitions) has dealt

with the issue as to whether providing different age of

superannuation for Allopathic Doctors vis-a-vis Ayurvedic doctors

is discriminatory and violative of Article 14 of the Constitution of

India and relying upon the decision of the Hon’ble Supreme Court

in the case of North Delhi Municipal Corporation Vs. Dr. Ram

Naresh Sharma & Ors. reported in 2021 SCC ONLINE SC 540

and other judicial pronouncements, it has been held as below:-

“It is not necessary for us to dwelve deep

in the matter because this issue is no longer res

integra and stands concluded by the decision of

the Hon’ble Supreme Court in the case of North

Delhi Municipal Corporation Vs. Dr. Ram Naresh

Sharma & Ors (supra) and batch of cases where

this issue was examined. While enhancing the

age of retirement of Allopathic Doctors from 60

to 62 years, this enhancement had not taken

place in respect of the class of Ayurvedic Doctors

which resulted in filing of petitions before the

Tribunal. The Tribunal held the classification

unreasonable and the petitions were allowed.

The matter was taken to the Hon’ble Supreme

Court by the employer namely North Delhi

(3 of 4)

[CW-12447/2022]

Municipal Corporation. Their Lordships in the

Hon’ble Supreme Court held as below:-

“22. The common contention of the

appellants befor