A S N SWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Rule.

(2.) The chequered career of Petitioner in service depicts his adventurous spirit. He having joined service as Assistant Surgeon Gr. II, on 28th May, 1958 in Health and Family Welfare Department of Karnataka, became an Associate Professor; went for higher studies to U.K. between 13th September, 1959 to 31st May, 1965; served in army from 16th January, 1967 to 23rd May, 1969; and in particular, in field service from 16th June, 1967 to 23rd May, 1969; went for Surgical studies to U.S.A. from 12th October, 1971 to 28th July, 1975. On return, worked as Associate Professor in different institutions and later on has opted for voluntary retirement. He claimed that period of service rendered in army should be converted into double the service for purpose of reckoning qualifying service in order to confer pensionary benefits as per Government Order No. GAD (S-) 84 SRR 63, dated 21st August, 1963; and Official Memorandum No. PLM 692 MMC 65, dated 23rd September, 1965. Periods during which he went abroad for higher studies have been regularised as per Rule 53(b)(ii) of the Karnataka Civil Services Rules (hereinafter referred to as the 'Rules') and as per Order No. HMA 165 MMC 75, dated 28th October, 1975 respectively.

(3.) By an application, dated 10th June, 1981 (Annexure-A) he sought for voluntary retirement. Director of Health and Family Welfare Services in its letter dated 25th June, 1983 recommended for according sanction for voluntary retirement in view of completion of 20 years of service as on 22nd January, 1982 as certified by Account General, Karnataka, treating the period from 1st September, 1981 to 22nd January, 1982 as leave at his credit. By representations dated 26th May, 1983, 25th August, 1983 and 20th April, 1984 (Annexure-E, F and G) requested for issue of necessary notification accepting voluntary retirement with effect from 22nd January, 1982, the date on which he had completed qualifying service of 20 years and to process pension papers. Repeated reminders yielded no result though years rolled and Director of Health and Family Planning Officer or the Account General, Karnataka had no objection to permit him voluntary retirement. The prayer in this Writ Petition is to declare that he has voluntarily retired from service in terms of Rule 285 of K.C.S. Rs. and Government Orders, Circulars issued on this aspect from time to time.