SAMAR KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is aggrieved, since his application for voluntary retirement was not considered favourably on the ground that he did not fulfill the requirement under Rule 75(aaa) of the West Bengal Service Rules. The relevant portion of Rule 75(aaa) reads as under:-

(3.) It is not in dispute that the appellant entered service after he attained the age of 35 years. At the time, when he made the application, he had not completed either 20 years of service or 55 years of age. Now, that the appellant has crossed the age of 55 years and also completed 20 years of service as well. Hence, the appellant is permitted to make a fresh application, in which case the said application will be considered by the Competent Authority and orders in accordance with law will be passed within a period of one month from the date of presentation of the application.