Anil Jain vs State Of Rajasthan
2021 Latest Caselaw 5565 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13477/2020

Anil Jain S/o Shri Manohar Lal Gothi, Aged About 58 Years, R/o 502, Hitawala Tower Near Celebration Mall, Bhuwana, Udaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Medical And Health (Group2) Department, Government Of Rajasthan, Jaipur (Raj.).

2. The Deputy Secretary, Medical Health (Group-Ii) Department, Government Of Rajasthan, Jaipur (Raj.).

3. The Chief Medical And Health Officer, Bhopalpura Udaipur (Raj.).

----Respondents

For Petitioner(s) : Mr. Harsh Chittora for Mr. Sanjeet Purohit For Respondent(s) : Mr. Idrish Mohd. for Ms. Vandana Bhansali, AGC

JUSTICE DINESH MEHTA

Order

25/02/2021

1. Mr. Chittora, 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. Idrish Mohd., associate to Ms. Vandana Bhansali, learned

counsel appearing for the respondent-State, while conceding that

the matter is covered as claimed by the petitioner, however,

submits that looking to the unprecedented situation of spread of

(2 of 2) [CW-13477/2020]

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 application w.e.f. 31.05.20201.

5. 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

155-skm/-

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