Dr. Arvind Sanadhya vs The State Of Rajasthan
2021 Latest Caselaw 11105 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3851/2021

Dr. Arvind Sanadhya S/o Shri Bhanwar Lal Sanadhya, Aged About 59 Years, R/o 73/6, Kumbha Nagar, Chittorgarh.

----Petitioner Versus

1. The State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Group - Ii, Government Of Rajasthan, Secretariat, Jaipur.

2. The Deputy Secretary, Medical And Health Department, Group - Ii, Government Of Rajasthan, Secretariat, Jaipur.

3. The Director, Public Health Services, Medical And Health Service, Medical Directorate, Government Of Rajasthan, Jaipur.

4. The Principal Medical Officer, Government Hospital, Chittorgarh.

----Respondents

For Petitioner(s) : Mr. Akhilesh Rajpurohit For Respondent(s) : Ms. Vandana Bhansali with Mr. Idrish Mohammed

JUSTICE DINESH MEHTA

Order

19/07/2021

1. Mr. Rajpurohit, 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

(2 of 2) [CW-3851/2021]

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 application w.e.f. 30.11.2021.

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 52-A.Arora/-

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