Relief: Rajasthan HC Directs State To Allow voluntary retirement To Doctor For Contesting Elections
Jaipur: In a major relief to a doctor who wanted to contest in the election, the Rajasthan High Court has directed the State of Rajasthan and Sawai Man Singh Medical College and Associated Hospital to allow him retirement under the Voluntary Retirement Scheme (VRS) application. However, the court laid a condition that if in case he loses the election, he will have to join back services and his retirement would stand canceled.
The direction came after the doctor filed a petition, seeking voluntary retirement under Section 50(1) of the Rajasthan Civil Service (Pension) Rules, 1996 in order to contest the municipal election.
However, the State rejected the application of the petitioner on the ground that there is a paucity of Gastroenterology in the SMS Hospital and considering the scarcity of specialized doctors his VRS application was not accepted.
The doctor moved the court and submitted that it is his right, and he cannot be denied participation in the elections. He further pointed out that it is clearly mentioned under Section 50(1) of the Rajasthan Civil Service (Pension) Rules, 1996.
As per the clause, a government servant at any time after completing fifteen years of qualifying service can retire from service after giving three months advance notice to the appointing authority.
He further substantiated his contentions while referring to one of the cases of the State of Uttar Pradesh & Ors. Vs. Achal Singh AIR 2018 SC 3940, where, the Supreme Court too had approved voluntary retirement on account of the scarcity of Medical Doctors.
To sum up, it was contended by the petitioner that a person cannot be denied to participate in the election, however, as there is an impediment for a government servant to participate in the election on account of being a Government servant, the voluntary retirement application was moved by him.
Deliberating the case, the Bench of Justice Sanjeev Prakash Sharma directed to allow the VRS application of the doctor and allow him to participate in the Municipal Election and treat him as retired for the said purpose. The court observed;
"Keeping in view the right of a citizen to participate in the election, in the special circumstances, this Court allows this writ petition and directs the respondents to allow the VRS application and release the petitioner and allow him to participate in the Municipal Election and treat him as retired for the said purpose."
However, the court while considering the paucity of specialized doctors in the field of Gastroenterology, added a condition that;
"If the petitioner does not participate in the Municipal Election or after having participated loses the election, the petitioner's voluntarily retirement shall be treated as canceled and the petitioner will have to join back services and give his medical services for the State and be allowed to be posted back on the place where he is presently posted. A bond in this regard shall be submitted by the petitioner."
