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The Supreme Court on August 21. 2018 has held that the right to retire voluntarily is not superior than right to life. The Court highlighted the fact that when the services of a doctor is required, the retirement can be denied as under the rules in state of Uttar Pradesh and thus the authority may not accept the prayer for retirement.
Background of the Case
Therefore, in view of the remarks made by Justice Mishra the Supreme Court set aside the judgment of High Court held that the right to retire is subject to the interest of general public and the right is to be exercised only as per the rules. It is true that such conditions of service cannot be said to illegal and against the Constitution. The appointing authority thus has a right to reject the retirement in case the services of a doctors is required, because if all the doctors are permitted to retire, there would be chaos and it would be against public interest.
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