Can a High Court, by mutual consent disposal of a writ petition, permit government employees to continue in service until the age of superannuation?

Affirming the practice of consent disposals in service-related writs, the Rajasthan High Court allowed Ayurvedic doctors to remain on duty until they reach 62 years, providing a binding precedent for similar petitions in State AYUSH departments.

 

Summary

Category Data
Case Name CW/12699/2025 of DR. RAJENDRA KUMAR GOUTAM S/O BRIJMOHAN GOUTAM Vs STATE OF RAJASTHAN
CNR RJHC020685532025
Date of Registration 20-08-2025
Decision Date 25-08-2025
Disposal Nature DISPOSED OF
Judgment Author MAHENDAR KUMAR GOYAL
Court High Court Of Judicature For Rajasthan
Bench Single-Judge Bench
Questions of Law Whether petitioners can be permitted to continue in service until the age of superannuation (62 years).

Practical Impact

Category Impact
Practical Impact No specific binding/persuasive-value statements are recorded in the judgment.

What’s New / What Lawyers Should Note

  • The High Court reaffirmed that a writ petition concerning continuation in service can be disposed of by mutual consent, with precise terms granting service until superannuation.
  • Emphasises that parties’ agreed settlement terms on service continuation will be enforced by the Court without further inquiry.
  • Demonstrates the Court’s willingness to issue relief in service matters by simple consent orders where factual dispute is minimal.

Summary of Legal Reasoning

  • The petitioners, all nearing retirement at age 60, challenged any premature termination of service and sought continuation until 62.
  • The Court issued notice, and on the basis of learned counsel’s recorded agreement, disposed of the writ petition by granting continuation of service until the superannuation age of 62 years.
  • No further adjudication of merits or contest on policy grounds was undertaken given the consensual nature of the relief.

Factual Background

The petitioners are seven Ayurvedic medical officers and Assistant Directors employed by the Rajasthan AYUSH Department, each about 60 years old and facing imminent compulsory retirement. They filed S.B. Civil Writ Petition No. 12699/2025 challenging any order terminating their service before the superannuation age. By consent of both parties, the High Court recorded that the petitioners would continue in service until they attain 62 years of age.

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