Allahabad High Court Orders Employer to Review Voluntary Retirement Request Due to Life-Threatening Severe Depression and Anxiety Disorder.
Last Updated on August 5, 2024 by NewsDesk SLC
Recently, the Allahabad High Court underlined the mental health component of the employment rights stating that severe depression and anxiety are life-threatening.
In a case, a Head Assistant of Malkhan Singh District Hospital, Aligarh applied for voluntary retirement as she was suffering from severe mental and physical health issues. After completing 30 years of service, she applied for voluntary retirement. This was supported by medical reports from the Mother’s Institute of Neuro-Psychiatric Disorders (MIND) which diagnosed the petitioner as suffering from severe depression and anxiety. An orthopedic surgeon also suggested that she should avoid sitting for long hours, doing desk work and traveling as these were part of her work. Despite qualifying under Rule 56 of Fundamental Rules her request was refused on the grounds of staff shortage.
Justice Rajesh Singh Chauhan pointed out that such pressure for an employee to continue working under such circumstances could be in violation of the employee’s right to life as enshrined in the Article 21 of the Indian constitution. This judgment highlights the relevance of mental health at the workplace, creating a new benchmark of how employers should address such matters.
Justice Chauhan came to this conclusion by grounding his conclusion on the potential of the petitioner suffering from irreversible loss and harm if she is compelled to continue working in her line of duty that poses a danger to her life. The court set aside the dismissal of her voluntary retirement application and ordered the respondents to consider it, given her health situation.
This judgment sends a clear message to employers across India: psychological disorders should be considered as important as physical conditions while hiring or promoting people because it could affect a person’s capability to work.
Case Law: 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]
Written By: Amit Kumar Patra
