Dr. Ravi Shankar Agarwal vs State And Ors
2021 Latest Caselaw 10399 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 872/2018

Dr. Ravi Shankar Agarwal S/o Sh. Jagdish Prashad, B/c Agarwal R/o Lata Shree Cottage, Behind Indramani Park, Churu.

----Petitioner Versus

1. State Of Rajasthan Through Its The Secretary, Department Of Medical And Health Government Of Rajasthan Secretariat, Jaipur.

2. The Director, Public Health Medical And Health Service, Govt. Of Rajasthan, Jaipur.

3. The Additional Director, Gazette Medical And Health Service Jaipur.

4. The Principal Medical Officer, Government D. B. General, Hospital, Churu.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. HR Chawala
For Respondent(s)         :     Ms. Vandana Bhansali



                     JUSTICE DINESH MEHTA

                                 Judgment

08/07/2021

1. Mr. Chawala, 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. 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

(2 of 2) [CW-872/2018]

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

373-CPGoyal/-

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