HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4529/2021 Sherly Simon W/o Thomas Antony, Aged About 56 Years, Thadathil Veedu, Po Kumbalam, Mulavana Village, Kollam District, Kerala-691503, Presently Residing At Village Chakkiwas, Near Phc Lunawa, Tehsil Bali, District Pali (Raj.) Mobile No.7597842974.
----Petitioner Versus
1. State Of Rajasthan, Through The Additional Chief Secretary, Medical And Health Services, Rajasthan, Secretariat, Jaipur.
2. Director (Non Gazetted), Medical And Health Services, Swasthya Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Pali.
4. Block Chief Medical Officer, Bali, District Pali.
5. The Medical Officer-Incharge, Govt. Adarsh Primary Health Centre Lunawa, Tehsil Bali, District Pali (Raj.).
----Respondents For Petitioner(s) : Mr. Deepak Nehra For Respondent(s) : Mr. Shreyansh Mehta for Mr. K.S. Rajpurohit JUSTICE DINESH MEHTA Order 07/04/2021
1. Mr. Deepak Nehra, learned counsel for the petitioner submits that the issue involved in the present writ petition is squarely covered by a coordinate Bench decision dated 16.12.2014, rendered in the case of Dr. Kalpana Singh Vs. State of Rajasthan & Ors. (SBCWP No.4526/2014).
2. Mr. Shreyansh Mehta, associate to Mr. K.S. Rajpurohit, AAG, learned counsel appearing for the respondent-State, while (Downloaded on 07/04/2021 at 09:01:47 PM) (2 of 2) [CW-4529/2021] conceding that the matter is covered as claimed by the petitioner, however, submits that looking to the unprecedented situation of spread of pandemic, at least a period of six months be granted to the State for acceptance of petitioner's application for voluntary retirement.
3. Having heard learned counsel for the parties, this Court is of the considered opinion that the issue involved in the present case is squarely covered by the decision rendered by this Court in Dr. Kalpana Singh's case (supra).
4. The judgment of Dr. Kalpana Singh (supra) shall apply in the present case and the petitioner shall be permitted to be voluntarily retired. However, while striking a balance between State's requirement on account of COVID-19 vis-a-vis petitioner's will to leave, it is hereby ordered that respondent-State shall make petitioner's voluntary retirement applicable w.e.f. 31.08.20201.
5. The writ petition stands allowed in above terms. The impugned orders dated 19.03.2020 (Annex.2) and 01.02.2021 (Annex.4) are quashed and set aside.
6. The respondents shall issue requisite order in this regard forthwith and all consequential benefits shall be paid to the petitioner in accordance with law.
6. The writ petition stands allowed in above terms. Stay application also stands disposed of.
(DINESH MEHTA),J 52-skm/-
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