Right To Retire Can’t Be Superior To Right To Life, SC Upholds UP Govt Decision Denying Voluntary Retirement To Doctors [Read Judgment]

‘In case all the doctors are permitted to retire, in that situation, there would be a chaos and no doctor would be left in the Government hospitals, which would be against the concept of the welfare state and injurious to public interest.’The Supreme Court has held that denial of voluntary retirement is permissible under the rules applicable in the State of Uttar Pradesh when services. ‘In case all the doctors are permitted to retire, in that situation, there would be a chaos and no doctor would be left in the Government hospitals, which would be against the concept of the welfare state and injurious to public interest.’ The Supreme Court has held that denial of voluntary retirement is permissible under the rules applicable in the State of Uttar Pradesh when services are required. The Issue The issue before the bench, while considering an appeal against the Allahabad High court judgment, was whether under Rule 56 of the Uttar Pradesh Fundamental Rules as amended, an employee has unfettered right to seek voluntary retirement by serving a notice of three months to the state government or whether the state government under the explanation attached to Rule 56 of the Fundamental Rules, is authorised to decline the prayer for voluntary retirement in the public interest under clause of Rule 56 of the Fundamental Rules as applicable to the State of Uttar Pradesh. The Explanation attached to Rule 56 as applicable in the State of Uttar Pradesh is clear and precise.” Distinguishing Dinesh Chandra Sangma’s case with facts of this case, the bench said: “The rules as applicable in Assam for the purpose of retirement by the Government is contained in F.R.56 which require retirement in public interest whereas no such rider exist in F.R.56 when employee seek voluntary retirement, whereas rule in the State of Uttar Pradesh both provisions are conjointly read not only the language is different and the explanation makes out the whole difference.” Justice Mishra remarked: “In India, the Government Right To Retire Can’t Be Supreme Than Right To Life It was also observed that the right to retire cannot be supreme than the right to life.