Dr. Mohammed Afzal vs State Of Rajasthan
2022 Latest Caselaw 11379 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5562/2022

Dr. Mohammed Afzal S/o Sh. Inayat Ulla Khan, Aged About 56 Years, Resident Of 165 - Ligh 1, Kamla Nehru Nagar, Behind Pakija Chakki, Jodhpur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through The Director, Medical And Health Services, Government Of Rajasthan, Jaipur (Raj.)

2. Director, Medical And Health Services (E.s.i.), Laxmi Nagar, Ajmer Road, Jaipur (Raj.)

3. Senior Medical Officer, Incharge E.s.i. Dispensary No. 4, Jodhpur.

----Respondents

For Petitioner(s) : Mr. B.S. Sandhu. For Respondent(s) : Ms. Anamika Bishnoi for Ms. Vandana Bhansali.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

13/09/2022

Application for early listing is allowed.

The matter is taken up for orders.

Mr. B.S. Sandhu, 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).

Ms. Vandana Bhansali, learned counsel appearing for the

respondents submits that though the matter is covered by the

order in the case of Dr. Kalpana Singh (supra), however, further

(2 of 2) [CW-5562/2022]

submits that at the relevant time due to unprecedented spread of

pandemic, the request of the petitioner was not granted.

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. In the circumstances of the case, it would be required of

the respondents to accord voluntary retirement to the petitioner

with effect from 30.11.2022.

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 169-pradeep/-

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