Dr. Neeraj Aroara vs State Of Rajasthan And Ors
2021 Latest Caselaw 10047 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14961/2017

Dr. Neeraj Arora S/o Sh. Krishan Kumar Vyas, By Caste Arora, Resident Of 5 -D-11 Block Srikaranpur District Sriganganagar, Presently Posted As The Medical Officer, Committee Health Centre, Srikaranpur District Sriganganagar.

----Petitioner Versus

1. State Of Rajasthan, Through Chief Secretary Medical And Health Department, Jaipur.

2. Director Public Health, Medical And Health Services, Rajasthan, Jaipur.

3. Additional Director Gazetted, That World Medical And Health Services, Rajasthan Jaipur.

4. Chief Medical And Health Officer, District Sriganganagar

----Respondents

For Petitioner(s) : Mr. Pankaj Gupta For Respondent(s) : Ms. Vandana Bhansali

JUSTICE DINESH MEHTA

Judgment

05/07/2021

IA No.1/2021:

For the reasons stated, the application seeking preponement

of the date is allowed.

The matter is taken up for consideration today.

SBCWP No.14961/2017:

1. Mr. Gupta, 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

(2 of 2) [CW-14961/2017]

of Dr. Kalpana Singh Vs. State of Rajasthan & Ors. (SBCWP

No.4526/2014).

2. Ms. 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 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 shall apply in the present

case and the petitioner shall be permitted to be voluntary 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. 31.10.2021.

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

110-CPGoyal/-

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