- (1.) Leave granted.
(2.) The question involved in the appeal is the interpretation of Rule 75 of West Bengal Service Rules, 1971 [hereinafter "?Rules"?] framed in exercise of powers conferred by the proviso to Article 309 of the Constitution of India.
(3.) The respondent-Dr. Tonmoy Mondal had joined services initially on 20.10.1986 as a Medical Officer in West Bengal Health Services on ad hoc basis. He was confirmed in the said post vide Notification dated 15.11.2002. On 16.11.2011, he sought voluntary retirement. The prayer made by the respondent was rejected by the Government vide order dated 22.02.2013 on the ground that it was not considered appropriate in the public interest to accept the request for voluntary retirement. Following is the relevant portion of the order: "We know that the public interest is the welfare or wellbeing of general people. The welfare of the general public is ensured, inter alia, through recognization, promotion, and protection of the same by the Government or its agencies. The Government or its department cannot adversely affect the rights, health, and finance of the public at large. The applicant, i.e. Dr. Tanmoy Mondal is a doctor and his service is indispensable in public interest. At this stage, the Health and Family Welfare Department is having many vacancies and it is necessary to retain doctors to provide service to people. Considering all these aspects, I am inclined to hold that it is not in public interest to retire Dr. Mondal. Consequently, it appears to me that the prayer of Dr. Tanmoy Mondal should be rejected. Moreover, voluntary retirement of a member of Health Services is not maintainable as per provisions laid down in DCRB Rules." ;