Kolkata : A divison bench of Justices Harish Tandon and Prasenjit Biswaswhile hearing a petition by the West Bengal Government on the refusal of voluntary retirement to a government doctor said that the state can refuse to grant the voluntary retirement to medical professionals on account of larger public interest. The West Bengal Government had filed a petition against the order of the State administrative tribunal that has allowed the applicant doctor, Madhab Sarkar, voluntary retirement. The tribunal has said that as per rule 75(aa) of the service rules, if the applicant fulfilled all the conditions, there was no option available to the government other than granting voluntary retirement. Also, as Dr.Sarkar has fulfilled all the conditions laid down in the service rules for the voluntary retirement the tribunal allowed the voluntary retirement of Dr. Sarkar.
The High Court bench on the other hand said that the people to doctor ratio in the country was abysmally low and upheld the denial of the voluntary retirement by the West Bengal government to Dr. Sarkar. The bench on the issue of the tribunal allowing the voluntary retirement said that the tribunal overlooked the amendment to the service rules which state that the provision of 75(aa) of the service rules will not be applicable to those working in the West Bengal Health Services, the West Bengal Medical Education Services, the West Bengal Public Health-cum-Administrative Services, the West Bengal Dental Services and the West Bengal dental Education Service.
