Dr. Brij Mohan Sharma vs State Of Rajasthan
2021 Latest Caselaw 11112 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13338/2020

Dr. Brij Mohan Sharma S/o Late Satya Narayan Sharma, Aged About 56 Years, Sr. Medical Officer, Health Community Centre, Srivijaynagar, District Sriganganagar.

----Petitioner Versus

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

2. Director, Medical And Health Department, Gazette, Rajasthan, Jaipur.

3. Additional Director, Gazette, Medical And Health Services, Secretariat, Rajasthan, Jaipur.

4. Superintendent, Medical And Health Department, Group 2, Jaipur, Rajasthan.

5. Chief Medical And Health Officer, Sriganganagar.

----Respondents

For Petitioner(s) : Mr. C. S. Kotwani For Respondent(s) : Ms. Vandana Bhansali assisted by Mr. Idrish Mohammed

JUSTICE DINESH MEHTA

Order

19/07/2021

1. Mr. Kotwani, 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-13338/2020]

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 273-A.Arora/-

Powered by TCPDF (www.tcpdf.org)