Expect State To Issue Online Circular Stating Superannuation Age Of Dental, MBBS Medical Officers To Be 62 Years: Rajasthan High Court

The Rajasthan High Court has said that it expects the State to issue a circular/notification on their website stating that the age of superannuation of Medical Officers holding BDS (Bachelor of Dental Surgeon)/MBBS degree was 62 years, with immediate effect.Justice Rekha Borana passed the order in a petition challenging the State's decision retiring the petitioner–a qualified BDS–at the age of 60 years, while relying on the division bench decision in Dr. Sarvesh Pradhan v State of Rajasthan. In doing so the court said that the judgment in Dr. Sarvesh Pradhan was a judgment in rem applying to all Medical Officers (Dental) despite which the State failed to comply with the same. Justice Borana said that the ratio in Dr. Sarvesh Pradhan's case, would apply to all the Medical Officers (Dental) and as per the said ratio, all the Medical Officers (Dental) shall be entitled to continue in service up to the age of 62 years of course with an exception to those who had already superannuated till 26.02.2024 (the date of division bench's judgment). In the present case, high court thereafter said:"In view of the above, 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. 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 Petitioner was a BDS who was reflected to superannuate on attaining the age of 60. This was challenged before the Court. It was argued that owing to the decision in the Case, the age of superannuation for Medical Officers holding BDS/MBBS degrees had extended to 62 years. After hearing the contentions, the Court perused the division bench's judgment, and highlighted that the court had relied upon an earlier division bench decision in the case of Dr. Ranjan Mathur v State of Rajasthan & Ors. In the Ranjan Mathur Case, it was held that there was no intelligible differentia for treating the Medical Teachers holding the MBBS degrees different from those holding BDS degree, and consequently, the superannuation age of medical teachers holding BDS/MDS degrees was enhanced to 65 years of age. In this light, in the division bench in Dr. Sarvesh Pradhan ruled that the superannuation age of Medical Officers (Dental) shall be enhanced to 62 years of age.The Court highlighted that since the division bench's judgment was not challenged further, it had attained finality. In this background, it was held that the impugned order that reflected petitioner to be retiring at the age of 60 had to be set aside. It was further observed that, “…although Dr. Sarvesh Pradhan's case (supra) is a judgment in rem, the respondent State Authorities have failed to pass appropriate directions for compliance of the said judgment passed in rem…in all cases where the judgment is a judgment in rem and has attained finality, the State authorities are bound to follow and apply the same qua all the similarly situated persons and cannot unnecessarily compel the aggrieved persons to knock the doors of the Court again and again to get a similar order.”Accordingly, the petition was allowed with respect to the petitioner doctor.Title: Dr. Renu Kala Mathur v State of Rajasthan & Ors. Citation: 2025 LiveLaw (Raj) 142Counsel for Petitioner(s): Ms. Abhilash BoraCounsel for Respondent(s): Ms. Rakhi Choudhary, for Mr. N.S. Rajpurohit, AAGClick Here To Read/Download Order

Expect State To Issue Online Circular Stating Superannuation Age Of Dental, MBBS Medical Officers To Be 62 Years: Rajasthan High Court

Nupur Agrawal

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Expect State To Issue Online Circular Stating Superannuation Age Of Dental, MBBS Medical Officers To Be 62 Years: Rajasthan High Court

Nupur Agrawal

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers