Orissa HC expresses deep concern on mass exodus of government doctors

The Orissa High Court (HC) expressed deep concern over the huge exodus of government doctors and suggested the Department of Health and Family Welfare, Government of Odisha, to bring in necessary amendments to the Odisha Civil Services (Pension) Rules, 1992, so as to put a bar on the large-scale exit of government physicians and other doctors through voluntary retirement scheme.

Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed, “A troubling pattern has emerged as doctors across the country continue to seek voluntary retirement in alarming numbers. This is not merely an administrative inconvenience but a growing public health crisis.”

“If left unaddressed, this unchecked exodus will weaken the very foundation of the healthcare system. It will leave the sick without healers, the suffering without aid, and the state unable to fulfill its most fundamental duty, which is the protection of life,” the Bench added.

Case Background:

Dr. Snigdha Prava Mishra, Professor at MKCG Medical College and Hospital, Berhampur, was transferred as the Superintendent of SRM Medical and Hospital, Bhawanipatna in 2024. However, she was unhappy with the transfer and requested to be transferred to Shri Jagannath Medical College and Hospital, Puri.

However, her request was rejected following which she went on leave on health grounds. When directed to join the duty back after her leave, she applied for voluntary retirement on grounds of illness. She later approached High Court after her voluntary retirement request was rejected.

Court’s Observation:

To address the issue, the Court referred to the judgment of the Apex Court in State of Uttar Pradesh and Ors. v. Achal Singh (2018), where the question was whether an employee has an unfettered right to seek voluntary retirement by serving a three-month notice to the state government or the government can decline such a request in the public interest.

“In case of voluntary retirement, gratuity, pensions, and other dues etc. are payable to the employee in accordance with rules and when there is a requirement of the services of an employee; the appointing authority may exercise its right not to accept the prayer for voluntary retirement,” the Court observed.

“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,” it further added.