Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Health Administration: Respondents-doctors members of Provincial Medical service filed applications for voluntary retirement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Rights of Persons with Disabilities Act, 2016 (49 of 2016) Constitution of India, Uttar Pradesh Vigilance Establishment Act, 1965 (7 of 1965) Government of India Act, 1935 (0 of 1935) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Public Health Administration: Respondents-doctors membersof Provincial Medical service filed applications for voluntaryretirement – Since no order was communicated to them, respondentsfiled writ petition seeking voluntary retirement – High Court allowedthe writ petitions – Aggrieved State Government filed instant appeal –Held: Under r.56 as applicable in the State of Uttar Pradesh, noticeof voluntary retirement does not come into effect automatically onthe expiry of the three months period – Under the said rule, theappointing authority has to accept the notice for voluntary retirementor it can be refused on permissible grounds – r.56(c) does not fallin the category where there is an absolute right on the employee toseek voluntary retirement – The respondents claimed right to retireunder Part III of the Constitution – Such right cannot be supremethan right to life – It has to be interpreted along with the rights ofthe State Government in Part IV of the Constitution – Where right ofpublic is involved in obtaining treatment, the State Government candecline the prayer for voluntary retirement considering the publicinterest – In case all the doctors are permitted to retire, in thatsituation, there would be a chaos and no doctor would be left in theGovernment hospitals, which would be against the concept of thewelfare state and injurious to public interest – It is obligatory uponthe State Government to make an endeavour under Art.47 to lookafter the provisions for health and nutrition – Therefore, the decisionof State Government in declining the prayer for voluntary retirementconsidering the public interest did not suffer from any vice ofarbitrariness – When services are required, denial of voluntaryretirement is permissible under the Rules applicable in the State ofUttar Pradesh – Health laws – Service Law – Voluntary retirement –Uttar Pradesh Fundamental Rules – r.56(c) – Constitution of India– Art.47. Uttar Pradesh Fundamental Rules: r.56 and its Explanation –Explanation attached to r.56 makes it clear that the decision of theappointing authority under clause (c) of r.56 to retire a Governmentservant shall be taken if it appears to be in public interest – Theexplanation is applicable to both the exigencies viz., whenGovernment retires an employee or when an employee seeksvoluntary retirement, not only when Government desires to retire anemployee in public interest – The public interest is the primeconsideration on which authority has to decide such a prayer asper the rules applicable in the State of Uttar Pradesh – ServiceLaw – Voluntary retirement.Constitution of India: Principle of liberty and its curtailment –Respondents-doctors members of Provincial Medical service seekingvoluntary retirement – The submission made upon principle of libertyand its curtailment, the law must be just, fair and reasonable cannotbe accepted as the Fundamental Rules are statutory rules and havebeen made by the Governor under s.241(2)(b) of the Governmentof India Act, 1935 and provisions of Fundamental Rules cannot besaid to be unfair, unreasonable and oppressive – The concept ofliberty not to serve cannot be attracted when the public interestdemands as retirement can be subject to certain riders – The rightunder Art. 19(1)(g) is also subject to the interest of the generalpublic and once service has been joined, the right can only beexercised as per rules and not otherwise – Such conditions of servicemade in public interest cannot be said to be illegal or arbitrary ortaking away the right of liberty – In case of voluntary retirement,gratuity, pensions, and other dues etc. are payable to the employeein accordance with rules and when there is a requirement of theservices of an employee, the appointing authority may exercise itsright not to accept the prayer for voluntary retirement – ServiceLaw – Voluntary retirement – Uttar Pradesh Fundamental Rules –r.56(c).Constitut ion of India: Art.14 – Equal ity – Plea ofdiscrimination – Respondents-doctors members of ProvincialMedical service denied voluntary retirement – Plea that the StateGovernment is discriminating between the doctors in the ProvincialMedical Services with the doctors working in the State-ownedHospitals and Medical Colleges – Held: Not correct – Doctors of Medical Colleges are on a different footing than that of ProvincialMedical Services – Even otherwise in view of the scarcity of thedoctors, no ground of equality can be claimed and the doctors ofdifferent services form different class, apart from that there is noconcept of negative equality that too against the public interest – Incase, such a plea is allowed, none may be left to serve public atlarge – Public Health Administration. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2018 INSC 740 |
Petitioner | State Of Uttar Pradesh & Ors. |
Respondent | Achal Singh |
SCR | [2018] 9 S.C.R. 912 |
Judgement Date | 2018-08-21 |
Case Number | 8421 |
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