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Rajasthan High Court Directs Continuity of Service Until 62 Years for Ayurvedic Department Employees: Orders Pension Refixation, Arrears, and Compliance with Supreme Court-Affirmed Precedents

Rajasthan High Court Directs Continuity of Service Until 62 Years for Ayurvedic Department Employees: Orders Pension Refixation, Arrears, and Compliance with Supreme Court-Affirmed Precedents

Rajasthan High Court Directs Continuity of Service Until 62 Years for Ayurvedic Department Employees: Orders Pension Refixation, Arrears, and Compliance with Supreme Court-Affirmed Precedents

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1. Court’s Decision

The Rajasthan High Court disposed of the petition and directed the government to treat the petitioners as having continued in service until they attained the age of 62 years. It ordered the respondents (state authorities) to:

  1. Issue necessary orders confirming the continuity of service for the petitioners until 62 years.
  2. Refix pensions and other post-retirement benefits.
  3. Take all consequential actions, such as paying arrears, to ensure compliance with the High Court’s earlier judgment upheld by the Supreme Court.

The court aligned its decision with its earlier ruling in the case of Dr. Mahesh Chandra Sharma v. State of Rajasthan & Ors., which was upheld by the Supreme Court.


2. Facts


3. Issues

The key issues before the court were:

  1. Should the petitioners be deemed to have continued in service until the age of 62?
  2. Are they entitled to the consequential benefits of service continuation, such as pension recalculations, arrears, and other post-retirement benefits?

4. Petitioner’s Arguments


5. Respondent’s Arguments


6. Analysis of the Law


7. Precedent Analysis

  1. Dr. Mahesh Chandra Sharma v. State of Rajasthan:
    • The High Court ruled that employees should be deemed in service until 62 years of age, with associated benefits like arrears, pension recalculations, and continuity of service.
    • This decision was upheld by the Supreme Court when it dismissed the review petition.
  2. State of Rajasthan v. Pyare Lal Meena:
    • The Supreme Court clarified that there was no stay on the High Court’s judgment and directed payment of outstanding salaries within a week, reinforcing the High Court’s ruling.

8. Court’s Reasoning


9. Conclusion

The High Court concluded that:

  1. The petitioners are deemed to have continued in service until the age of 62 years.
  2. The respondents must pass necessary orders to reflect this continuity, recalculate pension benefits, and pay arrears.
  3. All consequential actions, including the adjustment of retirement benefits, must be completed promptly.

10. Implications

Also Read – Supreme Court Partially Validates Property Transfers by Adoptive Mother: Upholds Sale Deed, Nullifies Gift Deed for Lack of Possession Transfer, Reinforces Rights of Adopted Children Under Hindu Succession Law

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