TV
The Orissa High Court has directed the state government to amend the voluntary retirement provisions in the Odisha Civil Services (Pension) Rules, 1992. The court ordered the changes within three months while dismissing the voluntary retirement application of the petitioner, Dr Snigdha Prava Mishra, a professor of physiology, citing "larger public interest."
Background of the case:
Dr. Mishra had initially sought to cancel her transfer order to SRM Medical College and Hospital, Bhawanipatna, and requested a posting at SJMCH, Puri. After her request was denied, she applied for VRS, citing health reasons.
However, her application for voluntary retirement from service (VRS) was rejected by the Health and Family Welfare Department on September 17, 2024, due to a critical shortage of faculty in government medical colleges.
In return, she challenged the order and argued that denying her VRS application was unjust when considering her right to health and well-being as she was experiencing progressive vision loss and cardiac issues.
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Observations of the Orissa High Court:
Justice SK Panigrahi noted that states like Uttar Pradesh, West Bengal, and Tamil Nadu have laws allowing the rejection of voluntary retirement when it threatens public well-being. He highlighted that the Odisha Civil Services (Pension) Rules, 1992, lack such safeguards and currently permit essential public servants to exit their roles without restrictions.
The court also emphasized that the need for medical professionals in state service outweighs individual requests for retirement in such cases.
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Orissa High Court’s order:
Justice Panigrahi ordered the concerned department to amend the OCS (Pension) Rules, aligning them with other states' frameworks. The court also directed that the amendment must be completed within three months from the date of the judgment, issued on February 14 and released on February 24.
