DR. C.S. MADHU Vs. STATE OF KERALA,

JUDGEMENT

(1.) The petitioner is working as a Professor and Head of the Department of Radio Therapy in the Medical Education Services. The petitioner would have retired from service on superannuation on 31.5.2009, but for the extension of the retirement age. On such extension, the date of retirement of the petitioner was 30.4.2010. On 12.10.2009, the petitioner submitted an application for voluntary retirement from service with effect from 31.12.2009. That application was rejected by the Government as per Ext.P1 order dated 25.11.2009. The age of retirement was extended to 60 years and, therefore, the date of retirement of the petitioner would be 31.5.2014. In these circumstances, on 9.4.2010, the petitioner filed Ext.P2 application for voluntary retirement from service. He also submitted Ext.P3 reminder dated 21.6.2010. The petitioner contended that by efflux of time, it shall be deemed that the petitioner had retired from service with effect from 15.7.2010, by operation of Rule 56(iv) of Part III of the Kerala Service Rules. The petitioner submitted Ext.P4 representation dated 22.7.2010 pointing out the above aspects. Exts.P2 to P4 have not been disposed of so far.

(2.) The reliefs prayed for in the Writ Petition are the following:

(3.) The petitioner relied on the judgment of a Division Bench of this Court in Venugopal v/s. State of Kerala and Ors., ILR 2010 Ker 867.