The Lucknow bench of the Allahabad high court on Wednesday said existing rules of the government do not authorise the appointing authority to deny voluntary retirement to a government doctor in the name of public interest and shortage of doctors.
The bench of justice Devendra Kumar Arora and justice Rajnish Kumar passed the order while hearing five petitions named as Dr Achal Singh and others, of government doctors (provincial medical services) whose applications for voluntary retirement were rejected by the state government on grounds of shortage of doctors in the state and public interest.
Nutan Thakur was the counsel of two petitioners. “There is no question of refusal of request for voluntary retirement by the government when government servant exercises his right under Fundamental Rule 56 (C),” observed the court.
The court also directed that the terminal benefits of all petitioners must be settled within three months.
On behalf of the state government, chief standing counsel Ramesh Pandey stated that the government after giving thorough consideration vis-à-vis relevant documents and materials available on record found that in public interest and in view of acute shortage of doctors in the state, there was no reason to accept the application of petitioners seeking voluntary retirement.
The court also observed that the government must sincerely examine how working of government hospitals could be improved for the betterment of general public and why doctors were opting for voluntary retirement every day.
The court stated that the government must think that while everyone was keenly interested in government jobs and a candidate had to clear tough competitive examination to enter it, why doctors were not interested in joining the government service.
SOURCE : www.hindustantimes.com