Ragini Shah vs State Of Rajasthan
2021 Latest Caselaw 8032 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2080/2020

Ragini Shah D/o Shri Jeetmal Shah, Aged About 52 Years, R/o Professor Colony, Banswara (Raj.) At Present Working As Senior Medical Officer, Talwara, District- Banswara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Services (Group-2), Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. Director (Public Health), Department Of Medical And Health, Jaipur (Raj.)

3. Chief Medical And Health Officer, Banswara (Raj.).

----Respondents

For Petitioner(s) : Mr. PS Chundawat For Respondent(s) : Ms. Vandana Bhansali

JUSTICE DINESH MEHTA

Judgment

23/03/2021

1. Mr. Chundawat, 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

granted to the State for acceptance of petitioner's application for

voluntary retirement.

(2 of 2) [CW-2080/2020]

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. 30.06.2021.

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

155-CPGoyal/-

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