GENERAL MANAGER, THE DIVISIONAL PERSONNEL OFFICER AND THE SENIOR DIVISIONAL MECHANICAL ENGINEER, SOUTH WESTERN RAILWAY Vs. P.Y. JAITHKUMAR

JUDGEMENT

(1.) THE order dated 13.2.2013, passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore in O.A. No. 730/2012, is called in question in this writ petition by the Railways. The records; reveal that the respondent is a Railway servant and is governed by Railway Services (Pension) Rules, 1993 framed by the President of India under Proviso to Article 309 of the Constitution of India governing the service conditions of superannuation, qualifying service, etc.

(2.) THE respondent filed an application on 28.5.2012 requesting the petitioner -Department to permit him to take voluntary retirement w.e.f. 31.8.2012. In the very application, the respondent has clarified that request for voluntary retirement shall be treated as notice period for voluntary retirement on 31.8.2012. By that time, the respondent had put in 22 years of service. The said application came to be rejected by the petitioner - V' Department by its order dated 24.8.2012 and the same was communicated to the respondent. The respondent subsequently on 31.8.2012 appeared before the petitioners and gave an application to reconsider his prayer for voluntary retirement since he is medically decategorized and is unwell. In other words, the respondent prayed that on health grounds, he shall be relieved from service. However, such request is not considered by the petitioners.

(3.) BEFORE proceeding further, it would be beneficial to peruse the Rule (relevant portion), which reads thus: - -