The Allahabad High Court recently ruled that severe depression and anxiety disorder can be life-threatening, and directed an employer to reconsider an employee’s application for voluntary retirement due to these mental health conditions.
Case Background
The petitioner, a Head Assistant at Malkhan Singh District Hospital in Aligarh, sought voluntary retirement after 30 years of service due to severe physical and mental ailments. She was diagnosed with severe depression and anxiety neurosis by the Mother’s Institute of Neuro-Psychiatric Disorders (MIND), and an orthopedic surgeon advised against prolonged sitting and desk work.
Employer’s Rejection of Retirement Request
The petitioner’s application for voluntary retirement was initially rejected by her employer, citing a scarcity of employees in the Group-C clerical cadre.
Court’s Observations
Justice Rajesh Singh Chauhan of the Allahabad High Court noted that forcing the petitioner to continue working under these severe conditions could lead to irreparable harm and was a violation of her right to life under Article 21 of the Constitution of India. The Court emphasized that the petitioner was not seeking retirement casually, but under compelling medical circumstances.
Violation of Fundamental Rights
The Court held that forcing the petitioner to work could endanger her life, thereby violating her fundamental right to life and personal liberty. It stressed that every citizen has the right to life, which cannot be violated without a valid reason.
The Court quashed the order rejecting the petitioner’s application for voluntary retirement and directed the authorities to reconsider her request, taking into account her medical condition.
Case Details
- Case Title: AS v. State Of U.P. Thru. Addl. Chief Secy. Medical And Health Services, U.P. Lucknow And 2 Others
- Case Number: WRIT – A No. – 9427 of 2023