No Voluntary Retirement for Kolkata Doctor in light of doctor shortage in govt hospitals: Calcutta HC

Kolkata: Referring to the "abysmally low" patient-doctor ratio in the country and the dearth of doctors in government hospitals, the Calcutta High Court recently stated that the government may decline to grant voluntary retirement to a doctor in public interest.

This observation came from the High Court division bench of Justices Harish Tandon and Prasenjit Biswas while was considering a plea by the State Government, which had challenged the decision of the West Bengal Administrative Tribunal (WBAT) granting voluntary retirement to a government doctor.

Observing that the health sector plays a pivotal role in the development of the society, the bench held that "The instant case is not falling under the service in the Administrative Department of the government. The health sector being a most important sector in the administration of the system for not only rendition of the services to the society but to the humanity as well."

"The health of the citizenry plays a very pivotal role in the development of the society and the country. The people - doctor ratio in the country is abysmally low and there is a dearth and paucity of the Doctors at the government hospitals where the poorest of the poor got benefit of the treatment," the bench further noted in its order dated February 6

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The matter concerned the a government doctor who had served in the State-run hospitals for more than 22 years. When the concerned doctor submitted the voluntary retirement application, the Additional Chief Secretary of the State Health and Family Welfare Department had refused to accept the application. 

Consequently, the doctor approached the West Bengal Administrative Tribunal (WBAT) and after considering the matter, the Tribunal had quashed the order passed by the Additional Chief Secretary. Challenging the Tribunal's order, the State Government approached the High Court.

Filing the plea before the High Court bench, the State Government submitted that the application for voluntary retirement cannot be accepted in the larger public interest, adds Bar and Bench.

On the other hand, the concerned doctor relied upon the provisions of the West Bengal Service Rules (WBSR), as per which a government servant can apply for voluntary retirement after serving for 20 years.

After taking note of the arguments by both the parties and the facts related to the matter, the HC bench opined that the Service Rules cannot be completely whittled down nor rendered otiose but is an integral part of the statutory provision.

Clarifying that the government may turn down the application for resignation, the HC bench mentioned in the order, "The government may decline to grant voluntary retirement on public interest and once such decision is taken unless it appears that the provision is so stringent that it cannot be brindled by any incorporation, the fullest effect to such provision is required to be given."