Sherly Simon vs State Of Rajasthan
2021 Latest Caselaw 8989 Raj

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

(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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