Right to healthcare to prevail over right to voluntary retirement: Supreme Court

The Supreme Court has ruled that the larger public interest of health and medical care would prevail over the right to voluntary retirement by the doctors as medical services are part and parcel of right to life itself.

Right to retire as a fundamental right can’t be supreme then the right to life, said the bench of Justice Arun Mishra and Justice S. Abdul Nazeer in their judgment pronounced on Tuesday.

“When services are required, denial of voluntary retirement is permissible under the rules applicable in the State of Uttar Pradesh”, the ccourt said.

The right to retire has to be “interpreted with the rights of the State government… As it is obligatory upon the state government to make an endeavour under Article 47 (of the Constitution) to look after the provisions for the health and nutrition of the people,” said Justice Mishra.

Article 47 of the Constitution says that it is the duty of the State to raise the level of nutrition and the standard of living and to improve public health.

Referring to Article 51A, the court said that it is the fundamental duty of of every citizen to have compassion and humanism for living creatures and it can’t be done by depriving the poorest of the poor essential medical services and to leave them at the mercy of the doctors, the judgement said.

The court said this while reversing the November 11, 2017 judgement of the Allahabad High Court by which it had allowed the plea for voluntary retirement by the doctors and directed that they may be treated as from government service from November 30, 2017 and December 31, 2017.

The issue before the top court was whether under Rule 56 of the Uttar Pradesh Fundamental Rules, an employee has an “unfettered right to seek voluntary retirement by serving a three-month notice to the State government.”

  • Related Posts

    MNCs seek restart of refurbished medical device imports

    New Delhi, August 19, 2025 — Global med-tech companies have urged the Centre to allow refurbished medical device imports again and include medical devices in India’s repair-services push. The request…

    Kerala’s Disease Surge Tied to Poor Hygiene and Climate Stress

    Thiruvananthapuram, August 19, 2025 — Kerala is seeing a sharp rise in communicable diseases as poor sanitation, stagnant water, and changing weather patterns create ideal conditions for outbreaks. Public-health experts…

    Leave a Reply

    Your email address will not be published. Required fields are marked *

    You Missed

    Sale of fake obesity drugs driven by high prices, weight-loss desire prompts health concern

    Sale of fake obesity drugs driven by high prices, weight-loss desire prompts health concern

    CDSCO Has Approved 3 Drugs For Weight Management: Govt To Rajya Sabha

    CDSCO Has Approved 3 Drugs For Weight Management: Govt To Rajya Sabha

    No spurious drugs were detected in the state during the 2024–25 financial year and so far in 2025–26: CM Manik Saha in Assembly

    No spurious drugs were detected in the state during the 2024–25 financial year and so far in 2025–26: CM Manik Saha in Assembly

    Chirag Paswan says India working with global bodies on nutraceutical regulations

    Chirag Paswan says India working with global bodies on nutraceutical regulations

    Peanut Stuck in the Airway of a Child ended up as Emergency

    Peanut Stuck in the Airway of a Child ended up as Emergency

    Raj HC quashes license cancellation of medical agency for RGHS irregularities

    Raj HC quashes license cancellation of medical agency for RGHS irregularities