[2025:RJ-JP:42197-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 742/2020 Dr. Bharat Sapra S/o Late Shri Bhajan Das Sapra, Aged About 56 Years, Resident Of 154-A, Hanuman Nagar Extension-A, Janak Marg, Sirsi Road, Jaipur. ----Appellant Versus 1. State Of Rajasthan, Through Principal Secretary, Medical Education (Group - I), Govt. Secretariat, Govt. Of Rajasthan, Jaipur. 2. Principal And Controller Of Sawai Mansingh Medical College And Associate Hospital, Jaipur. 3. Deputy Secretary, Medical Education (Group - I) Department, Govt. Of Rajasthan, Jaipur. ----Respondents Connected With D.B. Special Appeal Writ No. 128/2021 1. State Of Rajasthan, Through Principal Secretary, Medical Education (Group-I), Govt. Secretariat, Govt. Of Rajasthan, Jaipur. 2. Principal And Controller Of Sawai Man Singh Medical College And Associate Hospital, Jaipur 3. Deputy Secretary, Medical Education (Group-I) Department, Govt. Of Rajasthan, Jaipur. ----Appellants Versus Dr. Bharat Sapra S/o Late Shri Bhajan Das Sapra, Aged About 55 Years, Resident Of 154-A, Hanuman Nagar Extension-A, Janak Marg, Sirsi Road, Jaipur. ----Respondent For Appellant(s) : Mr. R.N. Mathur, Sr. Adv. assisted by Mr. Abhishek Mewara For Respondent(s) : Mr. Vigyan Shah, AAG assisted by Mr. Yash Joshi HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order [2025:RJ-JP:42197-DB] (2 of 3) [SAW-742/2020] 15/10/2025 1. Learned Division Bench of this Hon’ble Court passed the following order on 21.10.2020:- “Learned counsel for the appellant has submitted that the appellant has already filled in his nomination form to contest the Municipal Election. The condition imposed by the learned Single Judge that in case he loses the election, his voluntary retirement shall be treated to be cancelled, was liable to be set aside. Let notice be issued to respondents for 04.11.2020. Till then, condition mentioned in the impugned order regarding the execution of bond by the appellant shall remain stayed.” 2. The limited proposition before this Court today is that the appellant (writ petitioner), who was Gastroenterology professor in Sawai Man Singh Hospital, Jaipur, was refused voluntary retirement due to scarcity of the specialist staff in such field. As on today, the appellant stands retired by virtue of the impugned order but did not join back neither a bond was submitted to the State after losing the election. The appellant was 55 years of age in the year 2019 and today could have been at the verge of superannuation if at all, he was to rejoin. 3. At this juncture, Mr. R.N. Mathur, learned Senior Advocate assisted by learned counsel Mr. Abhishek Mewara, makes a limitation submission that retirement of the appellant be accepted and he be released as per Rule 50(1) of the Rajasthan Civil Services (Pension) Rules, 1996. The same is reproduced hereunder:- “[50. Retirement on completion of 15 years’ qualifying Service (1) At any time after a Government servant has completed fifteen years qualifying service, he may, be giving notice of not less than three months in writing to the appointing authority, retire from service.] [2025:RJ-JP:42197-DB] (3 of 3) [SAW-742/2020] 3.1. Learned Senior Counsel further submits that the condition of bond be exempted looking to the prolonged dispute, as the interim order regarding the bond condition passed by learned Division Bench of this Hon’ble Court has been in currency for almost five long years. 4. Learned Additional Advocate General however, submits that the question of law for retirement on right to contest the elections has to be decided. 5. In the limited factual matrix, any further adjudication of the appeals preferred by the doctor as well as the State, is not called for. 6. Consequently, both the appeals are disposed of with a direction that appellant - Dr. Bharat Sapra shall be treated to have been retired from date when such retirement came in effect and all his consequential benefits shall be paid to him in accordance with the impugned judgment. The question of law regarding right of a person to seek voluntary retirement for the purpose of Municipal Election, which has been decided by the learned Single Judge shall remain open. (BALJINDER SINGH SANDHU),J (DR. PUSHPENDRA SINGH BHATI),J Nirmala/Diksha-44-45