Refusing Voluntary Retirement under Serious Compelling Circumstances Violative of Article 21

Petitioner was employed as head assistant in Malkhan Singh District Hospital, Aligarh. She requested for voluntary retirement after completing 30 years of service on the grounds of her severely suffering from physical and mental ailment. The authorities turned down her request of voluntary retirement for the reason of scarcity of employees in Group C Clerical Cadre. The Allahabad High Court in this Writ Appeal No. 9427 of 2023 observed that such an order by authority is violative of Article 21 of the Indian Constitution. This is not a case where petitioner has applied for voluntary retirement in a casual manner only after completing requisite term of service, instead her application for voluntary retirement has been filed under serious compelling circumstances, therefore, the rejection of application by authority is perverse and without application of mind. The court observed that she is suffering from severe anxiety neurosis and severe depression and is under heavy medication, as per the opinion of the orthopedic surgeon prolonged sitting or desk work may endanger her life which is violative of the fundamental right enshrined under Article 21.