[2026:RJ-JP:6962]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15541/2017 Dr. Ravidayal Gupta Son Of Shri Ramswaroop Gupta, R/o 138, Mohan Nagar, Hindaun Citi, District Karauli.

----Petitioner Versus

1. The State Of Rajasthan Through The Principal Secretary, Department Of Medical And Heatlh, Govt. Secretariat, Jaipur.

2. The Director Public Health, Medical And Health Services, Health Bhawan, Tilak Marg, C Scheme, Jaipur.

3. The Additional Director Rajpatrit, Medical And Health Services, Rajasthan, Health Bhawan, Tilak Marg, C Scheme, Jaipur.

4. The Chief Medical And Heatlh Officer, Jhalawar.

----Respondents For Petitioner(s) : Mr. Vijay Pathak Mr. Ganesh Dutt Sharma Ms. Pista Tak For Respondent(s) : Mr. Rahul Verma and Ms. Swikriti Sharma for Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

13/02/2026

1. The instant writ petition is preferred by the petitioner with following prayer:-

"It is, therefore, most respectfully prayed that your lordships may kindly be pleased to accept and allow this writ petition and by issuing an appropriate writ, order or direction in the nature thereof the impugned order dated 10.07.2017 (Annexure No. 14) passed by the Additional Director (Rajpatrit), Medical and Health Service, Rajasthan, Jaipur may kindly be quashed and set aside and the Respondents may kindly directed to treat the Petitioners as voluntary retired automatically w.e.f. 31.03.2017 and further Respondents may also kindly be directed to pay the retiral dues (Pension as well as Grauity etc. as admissible under law) along with interest @9% per annum as admissible Under Rule 89 of the Pension Rules. Any other writ, order or directions which this Hon'ble Court may deems just and proper in the facts and circumstances of the case may also be passed in favour of petition."

2. Learned Counsel for the petitioner while referring Annexure- 6 (letter dated 04.12.2016) submits that CMHO has forwarded VRS application of present petitioner to the Director (Public Health) on 04.12.2016 and till 31.03.2017, the application for VRS was neither approved nor rejected, and under Rule 50 of the Rajasthan Civil Services (Pension) Rules, 1996 (for short 'the Act of 1996), it shall be presumed that the VRS of petitioner was accepted w.e.f. 31.03.2017. He further placed reliance upon order dated 18.09.2025 in D.B. Special Appeal Writ No.938/2022 (Dr. Sohan Karala Vs. the State of Rajasthan and Ors.) and submitted that the issue regarding voluntary retirement of the Government Doctors has been settled by a Co-ordinate Bench in case of Dr. Virendra Kumar Khatri Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.139/2019, therefore, this writ petition may be disposed in light of ratio laid down in case of Dr. Sohan Karala Vs. the State of Rajasthan and Ors.

(supra).

3. Aforesaid contentions were opposed by the learned counsel appearing on behalf of the respondents, and that the VRS application is not accepted by the Department as same has not been received by them. She further submits that unless the application has been received and due application of mind is exercised, the petitioner is not entitled to invoke presumption clause under Rule 50 of the Rules of 1996. She also placed reliance upon the case of State of UP Vs. Achal Singh : AIR 2018 SC 3940 and submits that due to shortage of doctors, an application for VRS cannot be allowed.

4. Admittedly, the petitioner has been appointed on the post of Medical Officer on 07.07.1997 and was selected by RPSC on 04.12.1998. The petitioner has filed an application on 02.12.2016 for seeking voluntary retirement from service w.e.f. 31.03.2017. The application was forwarded on 04.12.2016 by CMHO, Jhalawar to the Director (Public Health) (respondent No.2). The defence of the respondents is that the letter dated 04.12.2016 has not been received and no decision was taken upon the application of VRS.

5. The petitioner has also forwarded an application of VRS which was refus