Dr. Smt. Anjana Sharma vs State Of Rajasthan
2021 Latest Caselaw 7222 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14163/2019

Dr. Smt. Anjana Sharma W/o Kamlesh Vyas, Aged About 52 Years, 20, Sindhi Colony, Abu Road At Present Medical Officer (Incharge), Employee State Insurance Hospital, Abu Road, District Sirohi (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health (Group-2) Department, Government Of Rajasthan, State Secretariat Jaipur (Rajasthan)

2. The Director, Medical And Health Services, Employees State Insurance Scheme, Government Of Rajasthan Ajmer Road, Jaipur (Rajasthan)

3. Employees State Insurance Hospital, Through Its In Charge, Abu Road, District - Sirohi (Rajasthan)

----Respondents

For Petitioner(s) : Mr. Prem Dayal Bohra For Respondent(s) : Mr. Idris Mohd. For Ms. Vandana Bhansali

JUSTICE DINESH MEHTA

Order

15/03/2021

1. Mr. Prem Dayal Bohra, 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-14163/2019]

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. 31.05.2021.

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 460-Amar/-

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