MOHAMMAD RAFIQ,J. - (1.) Since all these writ petitions involve similar questions of the facts and the law, they were heard together and are being decided by this common judgment.
(2.) The petitioners in all these writ petitions are senior doctors in different branches of super-speciality and holding administrative positions in different Medical Colleges of the State Government. They have approached this court with a common grievance challenging that part of second proviso to Rule 56 of the Rajasthan Service Rules, 1951, (for short, 'the RSR') introduced vide amendment by Notification dated 30.03.2018, which, while enhancing the age of superannuation in respect of MBBS degree holder Medical Teachers of the Rajasthan Medical Service (Collegiate Branch) from 62 to 65 years, restricted their continuation during the enhanced period only on nonadministrative posts. At the time of issuance of the impugned Notification dated 30.03.2018, petitioner Dr. B.S. Meena in Writ Petition No.7557/2018 was working on the post of Medical Superintendent, Mahila Chikitsalaya, Jaipur, petitioner Dr. Pradeep Sharma in Writ Petition No.7556/2018 was working on the post of Professor and Head of Department (Psychiatric) and Superintendent, Psychiatric Centre, Jaipur, petitioners Dr. U.S. Agarwal and Dr. S.K. Jain in Writ Petition No. 9335/2018 were respectively working on the post of Principal and Controller and Additional Principal, S.M.S. Medical College and attached Hospitals thereto, Jaipur, petitioners Dr. V.D. Sinha and Dr. Vinay Tomar in Writ Petition No.9550/2018 were respectively working on the post of Head of Department, Neurosurgery, and Head of Department, Urology, S.M.S. Medical College, Jaipur, petitioner Dr. Rajendra Kumar Gokhroo in Writ Petition No.11372/2018 was working on the post of Principal and Controller, J.L.N. Medical College, Ajmer, and petitioner Dr. Naresh N. Rai in Writ Petition No.14571/2018 was working on the post of Additional Principal, Government Medical College, Kota.
(3.) Indisputably, the conditions of service of all the petitioners are regulated by the Rajasthan Medical Services (Collegiate Branch) Rules, 1962, they being the members of the cadre of the Rajasthan Medical Services (Collegiate Branch). So far as their age of superannuation is concerned, the conditions of their services in this behalf were regulated by Rule 56 of the Rajasthan Service Rules, 1951 (for short, 'RSR'), which, while originally provided as under: "56. The date of compulsory retirement of a Government servant would be the afternoon of the last day of the month in which he attains the age of 60 years. Provided that the provisions of age of compulsory retirement, as contained in this rule, shall be applicable in the case of Government servants who are in service after attaining the age of compulsory retirement either on reemployment or on extension in service.";