Rajasthan High Court Directs State To Issue Circular Stating Age Of Superannuation Of Medical Officers Holding BDS/ MBBS Degree To Be 62 Years
The Rajasthan High Court was considering a Writ Petition against an order whereby the Petitioner was required to superannuate on attaining the age of 60 years.
Rajasthan High Court
The Rajasthan High Court has observed that it expects the State Government to issue a circular/notification stating the age of superannuation of the Medical Officers holding BDS/MBBS degree to be 62 years.
The Court was considering a Writ-Petition against an order whereby the Petitioner was required to superannuate on attaining the age of 60 years.
The single bench of Justice Rekha Borana observed,"....it is expected of the respondent State Authorities to issue an appropriate circular/notification reflecting the fact of the age of superannuation of the Medical Officers holding BDS/MBBS degree to be 62 years with immediate effect."
The Petitioner was represented by Advocate Abhilash Bora while the Respondent was represented by Advocate Rakhi Choudhary.
Facts of the Case
The Petitioner was appointed to the post of Medical Officer (Dental) in the year 1995 after regular selection. As per the prevailing State Government Rules and Regulations pertaining to Medical Officer (Dental)(Group-II), and the Notification dated March 31, 2016, the Petitioner was due to retire on April 30, 2025. However, vide the judgment passed in Dr. Sarvesh Pradhan (supra), it was held that the words, “Medical Officers holding BDS/MBBS degrees” shall be read into the notification dated March 31, 2016. As a consequence, it was held that the age of superannuation of the Medical Officers in the dental stream shall also stand extended to 62 years.
Counsel for the Petitioner submitted that in light of the Division Bench's judgment of the Court in Dr. Sarvesh Pradhan Vs. State of Rajasthan & Ors., the Petitioner deserves to be continued in service till she attains the age of 62 years.
The judgment as passed in Dr. Sarvesh Pradhan (supra) has attained finality and same has even been acted upon by the State Government. It was therefore prayed that the age of superannuation of the Petitioner be extended for a period of two years and the order impugned be set aside.
Reasoning By Court
The Court accepted the arguments of the Counsel for the Petitioner.
"In view of the above ratio and in view of the fact that Dr. Sarvesh Pradhan’s case (supra) has attained finality having not been assailed further, the order impugned dated 06.03.2025/12.03.2025 definitely deserves to be quashed and set aside qua the present petitioner.......It is further expected of the respondent State Authorities to issue a common notice/circular on their official website to the said purpose so that none of the aggrieved persons is required to knock the doors of the Court again and again," the Court observed.
The Petition was accordingly disposed of.
Cause Title: Dr. Renu Kala Mathur vs. State Of Rajasthan (2025:RJ-JD:18282)
Appearances:
Petitioner- Advocate Abhilash Bora
Respondent- Advocate Rakhi Choudhary, Additional Advocate General N.S. Rajpurohit
