Meena Parihar vs State Of Rajasthan
2021 Latest Caselaw 15568 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3868/2020

Meena Parihar D/o Late Bhanwar Lal Parihar, Aged About 55 Years, Sain Colony, Chandna Bhakar, Gali No.16, Kamla Nehru Nagar, Jodhpur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

2. The Director, Medical And Health Department, Government Of Rajasthan, Jaipur (Raj.)

3. The Addl. Director (Gazetted), Medical And Health Department, Government Of Rajasthan, Jaipur (Raj.)

4. The Chief Medical And Health Officer, Pali (Raj.)

----Respondents

For Petitioner(s) : Mr. Varda Ram Choudhary. For Respondent(s) : Ms. Vandana Bhansali.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

06/10/2021

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 ofRajasthan & Ors. (SBCWP

No.4526/2014).

Learned counsel appearing for the respondent-State, while

conceding that the matter is covered as claimed by the petitioner,

submits that looking to the unprecedented situation of spread of

(2 of 2) [CW-3868/2020]

pandemic, at least a period of six months be granted to the State

for acceptance of petitioner's application for voluntary retirement.

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).

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 applicable w.e.f. 31.03.2022.

The writ petition stands allowed in above terms. The

impugned order dated 28.01.2020 (Annex.-4) is quashed and set

aside.

The respondents shall issue requisite order in this regard

forthwith and all consequential benefits shall be paid to the

petitioner in accordance with law.

The writ petition stands allowed in above terms. Stay

application also stands disposed of.

(ARUN BHANSALI),J 218-Sachin/-

Powered by TCPDF (www.tcpdf.org)