R. KOTHANDARAMAN Vs. SPEAKER, LOK SABHA SECRETARIAT

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner seeks the relief of quashing the action of the respondents in voluntarily retiring the petitioner. The case of the petitioner is that the petitioner cannot be voluntarily retired inasmuch as before the cut-off date given for bringing the voluntary retirement into effect, the petitioner had withdrawn the request. Respondents counter this argument by stating that the petitioner having accepted and utilized the terminal benefits including the lumpsum benefits towards the gratuity, provident fund, commutation of pay etc, is estopped from filing the present petition. Though this argument of the respondents is not in so many words found in the counter-affidavit, since the argument arises out of an admitted fact and is a legal issue I have permitted the same to be urged.

(2.) The facts of the case are that the petitioner joined the services of the Lok Sabha Secretariat on 25.2.1982. The petitioner went on deputation to the Goa Legislative Assembly from years 2000 to 2002 and thereafter was promoted as a Director in Lok Sabha Secretariat in February, 2004. The petitioner went on deputation as Joint Secretary of the Nagaland Legislative Assembly with effect from 13.12.2002 till 31.3.2004. There took place certain disputes between the petitioner and his employer during the year 2008 and the petitioner was denied promotion. The petitioner alleges that he had sought for some information under the RTI Act on 7.5.2008 which was not liked by the Lok Sabha Secretariat administration and the administration issued a memorandum dated 27.5.2008 seeking the petitioner's explanation. Further aspects need not be mentioned as they are not the subject matter of the present petition.

(3.) For the purposes of the present petition the relevant date is 6.6.2008 when the petitioner made a request for voluntary retirement by giving a notice of three months i.e seeking retirement with effect from 7.9.2008 in terms of Rule 48A of the CCS(Pension) Rules. This request for voluntary retirement was accepted by the respondent vide its notification dated 27.6.2008 and which was duly received by the petitioner. The petitioner was to retire from the forenoon of 7.9.2008. Petitioner vide his letter dated 11.7.2008 sought withdrawal of his request of voluntary retirement on the ground that his wife was not agreeable to the petitioner taking voluntary retirement. The respondents however refused vide its memorandum dated 5.9.2008 to accede to the request of the petitioner dated 11.7.2008 for withdrawing of the request made for voluntary retirement. The petitioner represented by his letter dated 6.9.2008 to the Speaker of the Lok Sabha to reconsider the memorandum dated 5.9.2008 rejecting the request of the petitioner to withdraw his letter dated 6.6.2008 seeking voluntary retirement. This was thereafter followed by another letter dated 9.9.2008. The representations of the petitioner were again rejected by the respondents vide their memorandum dated 20.11.2008 and the petitioner was retired from the service w.e.f. 7.9.2008.