Severe Depression With Anxiety Disorder Life Threatening: Allahabad High Court Directs Employer To Reconsider Voluntary Retirement Application

Recently, the Allahabad High Court has directed reconsideration of an employee's application for voluntary retirement on grounds of severe depression with seven anxiety neurosis. The Court held that forcing the petitioner to continue working in her situation where her life may be endangered is violative of Article 21 of the Constitution of India.

Petitioner was serving at Malkhan Singh District Hospital, Aligarh on the post of Head Assistant. Since she is suffering from physical and mental ailment severely, she was not able to discharge her duties. Therefore, after completing 30 years in service, petitioner requested for voluntary retirement.

Being 55 years of age, she was eligible for voluntary retirement under Rule 56 of Fundamental Rules, Volume-2, Part 2 to 4 of the Financial Handbook. Petitioner obtained a Medical Certificate issued from Mother's Institute of Neuro - Psychiatric Disorders (MIND) stating that she was severely depressed with seven anxiety neurosis. A certificate from petitioner's Orthopedic Surgeon was also produced before the Court which stated that petitioner ought not to indulge in prolonged sitting, desk work, writing work, travelling and household work.

Petitioner's application for voluntary retirement was rejected on grounds that there was scarcity of employees in Group-C clerical cadre.

The Court observed that turning down application for voluntary retirement of the petitioner in her medical condition is may cause her irreparable loss and injury, violation her right to life under Article 21 of the Constitution of India.

Justice Rajesh Singh Chauhan held that “if the petitioner is compelled to discharge her duties, she may suffer irreparable loss and injury, which cannot be compensated in terms of money inasmuch as on account of suffering from severe depression with seven anxiety neurosis and she is taking heavy medication regarding mental ailment as well as she is not able for prolonged sitting or prolonged desk work/ writing work as per the specific opinion of the Orthopedic Surgeon, her life may be endangered, in that way, her Fundamental Right enshrined under Article 21 of the Constitution of India would be violated.”

“Every citizen of the country is having Fundamental Right to life and personal liberty and that right to life may not be violated without having any cogent and proper reason.”

The Court held that petitioner was not applying for voluntary retirement in a casual manner but under compelling circumstances, where forcing her to discharge her duties might result in her losing her life or causing some harm to her.

Accordingly, the order rejecting her application for voluntary retirement was quashed with a direction to the authority to pass fresh order considering petitioner's medical condition.

Case Title: AS v. State Of U.P. Thru. Addl. Chief Secy. Medical And Health Services, U.P. Lucknow And 2 Others [WRIT - A No. - 9427 of 2023]

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