The Orissa High Court has directed the state government to revise the voluntary retirement provisions in the Odisha Civil Services (Pension) Rules, 1992. This decision came as the court rejected a voluntary retirement request from Dr. Snigdha Prava Mishra, a physiology professor, citing the greater public need for medical professionals. The government has been given three months to implement the necessary changes.
What Led to the Case?
Dr. Mishra, who was serving as a faculty member, had challenged her transfer order to SRM Medical College and Hospital, Bhawanipatna, seeking to be posted at SJMCH, Puri instead. When her request was turned down, she decided to apply for voluntary retirement (VRS), citing severe health issues, including vision loss and cardiac problems.
However, on September 17, 2024, the Health and Family Welfare Department rejected her VRS application, emphasizing that government medical colleges were already struggling with a shortage of faculty members. Feeling this decision was unfair, Dr. Mishra took her case to the High Court, arguing that her right to health and personal well-being should be prioritized.
Court’s Take on the Issue
Justice S.K. Panigrahi pointed out that states like Uttar Pradesh, West Bengal, and Tamil Nadu have legal provisions allowing authorities to deny voluntary retirement if it negatively affects public services. Odisha, on the other hand, lacks such safeguards, enabling critical personnel—such as doctors and specialists—to resign without restrictions, even when their expertise is desperately needed.
The court stressed that public interest should take precedence over individual requests, particularly in essential services like healthcare. Allowing specialists to retire without regulation could further weaken the already fragile public healthcare system.
Court’s Final Order
To prevent similar situations in the future, the Orissa High Court has ordered the state government to amend the Odisha Civil Services (Pension) Rules and introduce stricter regulations on voluntary retirement in crucial sectors. The ruling, issued on February 14, 2025, requires the government to implement these changes within three months.
This landmark decision aims to balance individual rights with the broader needs of society, ensuring that government employees in vital roles—especially doctors and educators—remain in service when they are most needed.
