Dr. Anju Gupta vs State Of Rajasthan
2021 Latest Caselaw 19191 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16300/2021

Dr. Anju Gupta D/o Dr. Jayant Kumar Jain, Aged About 55 Years, Resident Of H. No. 1237, Ward No. 32, Purani Abadi, Sriganganagar Presently Residing At K-5/4, Lic Flats, Sector-6, Vidhyadhar Nagar, Jaipur (Raj.) Mobile No. 9829188405.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Services, Rajasthan, Secretariat, Jaipur.

2. Deputy Secretary To The Govt., Medical And Health Department (Group-2), Govt. Of Rajasthan, Secretariat, Jaipur.

3. The Director (Public Health), Department Of Medical And Health, Swasthya Bhawan, Jaipur.

4. The Senior Medical Officer In-Charge, Community Health Officer Chomu, District Jaipur (Raj.).

----Respondents

For Petitioner(s) : Mr. Yashpal Khileree. For Respondent(s) : Mr. K.S. Rajpurohit, AAG with Mr. Shreyansh Mehta.

HON'BLE MR. JUSTICE ARUN BHANSALI Order

16/12/2021

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).

Learned counsel appearing for the respondent-State, while

conceding that the matter is covered as claimed by the petitioner,

submits that looking to the unprecedented situation of spread of

(2 of 2) [CW-16300/2021]

pandemic, at least a period of six months be granted to the State

for acceptance of petitioner's application for voluntary retirement.

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).

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. 31.05.2022.

The writ petition stands allowed in above terms. The

impugned order dated 21.10.2021 (Annex.5) is quashed and set

aside.

The respondents shall issue requisite order in this regard

forthwith and all consequential benefits shall be paid to the

petitioner in accordance with law.

The writ petition stands allowed in above terms. Stay

application also stands disposed of.

(ARUN BHANSALI),J

28-Sumit/-

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