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Allow VRS Application of the Doctor and Let Him Contest Election; If he Loses, VRS Will Stand Cancelled: Rajasthan HC to State [READ ORDER]

Allow VRS Application of the Doctor and Let Him Contest Election; If he Loses, VRS Will Stand Cancelled: Rajasthan HC to State [READ ORDER]
 A petition was filed by a doctor (petitioner) before the High Court submitting that the State of Rajasthan refused to accept his application for voluntary retirement. He wanted to participate in the election and represent the public, but just because of the scarcity of Gastroenterology in the Hospital, the state rejected his application. 

He gave two reasons to support his application-

  1. It is his right, and he cannot be denied participation in the elections.
  2. Also, it is clearly mentioned under Section 50(1) of the Rajasthan Civil Service (Pension) Rules, 1996 that a government servant at any time after completing fifteen years qualifying service can retire from service after giving three months advance notice to the appointing authority.
  3. Also, in one case of State of Uttar Pradesh & Ors. Vs. Achal Singh AIR 2018 SC 3940, the Supreme Court too had approved voluntary retirement on account of the scarcity of Medical Doctors.
The Rajasthan High Court held that the reasons given were reasonable and he could not be refused retirement under the Voluntary Retirement Scheme. Thus, on Friday that is October 16, 2020, the court directed the State of Rajasthan and Sawai Man Singh Medical College and Associated Hospital to allow his application but laid down a condition that if in case he loses the election, he will have to join back services and his retirement would stand canceled. 

 

 [READ ORDER]


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