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2011 DIGILAW 170 (RAJ)

Dr. Ramesh Kumar v. State of Rajasthan

2011-01-24

GOPAL KRISHAN VYAS

body2011
JUDGMENT 1. - Heard learned counsel for the petitioner on application for early listing of the petition for final disposal. 2. Upon agreement of both the parties, the matter is finally heard. 3. In the writ petition, petitioner has prayed for quashing Annexure-1 1 dated 15.3.2005 and Annexure-13 dated 6.4.2005 by which the respondents rejected the prayer of petitioner for seeking voluntary retirement. 4. The petitioner's contention is that as per Rule 50 of Rajasthan Civil Services (Pension) Rules, 1996, there is provision for accepting voluntary retirement of the employee after completion of 15 years of service, but the application filed by the petitioner for voluntary retirement was rejected solely on the ground that there is shortage of doctors. Learned counsel for the petitioner submits that he is not seeking appointment, he is leaving the job and he has filed the representation against the said rejection which is made only on the ground that if any departmental inquiry is pending against the person or he has not completed the qualifying service his application for voluntary retirement cannot be accepted. No other ground has been assigned by the respondents for refusing the prayer of the petitioner for seeking voluntary retirement. 5. In this view of the matter, although petitioner's application for voluntary retirement has been rejected on wrong premises at this stage, I deem it proper to direct that if still the petitioner desires to seek voluntary retirement, he shall file an application for voluntary retirement before competent authority, upon filing the said application, the respondent are directed to consider and decide the application for voluntary retirement in accordance with Rule 50 of Rajasthan Civil Services (Pension) Rules, 1996. It is made clear that respondents are directed not to reject the application of petitioner on the ground of scarcity of doctors. The State Government while providing the facilities to the citizens may make appointment on an urgent temporary basis as per rules and they cannot compel any doctor that he should work in the department in the event of non availability of the doctor. The State Government can appointment can appoint the doctor on urgent temporary basis against regular post. The State Government while providing the facilities to the citizens may make appointment on an urgent temporary basis as per rules and they cannot compel any doctor that he should work in the department in the event of non availability of the doctor. The State Government can appointment can appoint the doctor on urgent temporary basis against regular post. It Is further directed that application, if any, filed by the petitioner for voluntary retirement shall be decided in accordance with law.In this view of the matter, the writ petition is disposed of.Petition Disposed of with Direction to Consider Offer of Voluntary Retirement According to Law. *******