RIGHT TO RETIRE IS NOT ABOVE THE RIGHT TO SAVE LIVES, RULES SC

Stating that the Right to Retire is not above the Right to save lives, the Apex Court ruled that the State can now stop government doctors from taking voluntary retirement in public interest.

A Bench of Justices Arun Mishra and S. Abdul Nazeer said in its judgment that the fundamental right to retire is not above the right to save lives in a country where government hospitals cater to the poorest. 

The court said public health is suffering from a scarcity of doctors, who go into lucrative private practice by taking voluntary retirement.

The ruling is based on an appeal by the Uttar Pradesh government against the Allahabad High Court’s decision to allow Dr. Achal Singh, who was working as Joint Director, Medical, Health and Family Welfare, in Lucknow, to voluntarily retire with effect from March 31, 2017. Though the High Court allowed him to retire, it highlighted the fact that government doctors taking voluntary retirement every day in the state.

The Supreme Court also said in its judgment that the State government has an obligation to make an endeavor under Article 47 to look after the provision of health and nutrition.