KALPANA SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The prayer in the present petition is to consider the petitioner as voluntarily retired from service with effect from 3.7.2014 i.e. after the expiry of 3 months from the last notice sent by her on 2.4.2014.

(2.) The facts in short are that the petitioner was appointed as Medical Officer vide order dated 11.9.1991 on urgent temporary basis. While in service, she succeeded in competitive examination conducted by Rajasthan Public Service Commission and was, accordingly, appointed vide order dated 25.2.1992 at Primary Health Centre, Kujed, District Baran. The petitioner completed Post Graduation by availing the necessary leave. She completed the said course in the year 2003. At that point of time, she gave an undertaking that she will serve the State for a period of 5 years. The period stood completed by the petitioner in the year 2008. Thus, there was no hindrance in seeking the voluntary retirement by the petitioner. She completed the qualifying service of 15 years in the year 2006. The petitioner thereafter submitted an application seeking voluntary retirement from service vide her application dated 17.11.2012 w.e.f. 1.3.2013 on the ground of her family circumstances and stating therein that in view of the same, she is unable to discharge her duties with complete dedication. She was duly communicated by the Additional Director, Medical & Health Services, Government of Rajasthan, Jaipur vide letter dated 1.2.2013 that her letter seeking voluntary retirement had been duly forwarded. When no decision of the Government was conveyed to the petitioner, she wrote a letter dated 9.5.2013 through proper channel to the Director, Medical & Health Services, Government of Rajasthan, Jaipur while endorsing a copy of her representation to the Superintendent, Ummed Hospital, Jodhpur that in case, there is anything lacking in her application dated 17.11.2012, she may be apprised of the same. When the said representation of the petitioner yielded no result, she once again on 11.11.2013 requested for grant of voluntary retirement w.e.f. 15.12.2013 as till date no order had been communicated to her. Thereafter, the petitioner wrote still another letter on 20.12.2013 reiterating her earlier request. On 27.2.2013, in response to her application dated 20.12.2013, the Additional Director, Medical & Health Services sent a letter dated 10.1.2014 that her application for voluntary retirement has been rejected vide letter dated 27.2.2013. In fact, the petitioner once again represented through her application dated 28.2.2014 to allow her to take voluntary retirement from service as she wanted to contest the Parliamentary Elections. This time, her application was rejected vide order dated 21.3.2014 on the ground that there was acute shortage of doctors and outdoor facilities are to be provided under the Free Medical Aid Scheme. The petitioner made yet another representation on 2.4.2014 under Rule 50(1) of the Rajasthan Civil Services (Pension Rules), 1996, this time seeking voluntary retirement w.e.f. 3.7.2014. However, the same was rejected once again vide order dated 28.5.2014 stating that she should not ask for voluntary retirement and may not submit any fresh application in this regard to the Directorate henceforth. Reliance was placed on the judgment rendered by the learned single Judge of this Court in the case of Dr. Duresh Narayan Mathur v. State of Rajasthan & Ors. (S.B.Civil Writ Petition No. 4121/2012), decided on 11.09.2012.

(3.) Reply has been filed by the respondents. As per the reply, the first application of the petitioner seeking voluntary retirement was rejected within time on 27.2.2014; and that the said decision of the State Government was communicated to her vide letter dated 10.1.2014 (Annx.10). It is further submitted that the State Government have all the right to reject the application for voluntary retirement in the interest of public at large. Reliance was placed on the judgment rendered by this Court in the case of Dr. Mahaveer Prasad Sharma v. State of Rajasthan & Ors. (S.B.Civil Writ Petition No. 4411/2014), dated 16th July, 2014, wherein it is held that the reason assigned for the rejection of an application for voluntary retirement on the ground of shortage of doctor is just and proper.