C RAMASWAMY Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner before me was holding the post of Superintending Engineer (Civil) in the service of the Kerala State Electricity Board (hereinafter referred to as the Board). On the 4th of November, 1968, he intimated the Board as per Ex. P1 that he wished to proceed on voluntary retirement as per the provisions of clause (iii) of the Board's Order No. R. Dis. 25790/66 dated 28-4-1967 since he had put in more than 20 years of qualifying service. He enclosed also an application for leave and requested that he may be granted with effect from 15th January, 1969 all the leave for which he was eligible and that he may be permitted to proceed on voluntary retirement at the end of such leave. There was a further request made in that petition for the grant of permission to the petitioner to be self employed professionally and to take up employment under a private agency as per Art.125-Section V, Chap.7, part III of the Kerala Service Rules. The Board by its order dated 10-1-1969 granted earned leave to the petitioner for 112 days and half pay leave for 450 days from 15-1-1969. Subsequently by its proceedings evidenced by Ex. P2 dated 23-1-1969 the Board passed order permitting the petitioner to proceed on voluntary retirement on the expiry of the leave sanctioned to him. It is also stated in Ex. P2 that the petitioner was permitted to practice as a consulting engineer and valuer under the Estate Duty Act, wealth Tax Act and Gift Tax Act. Steps were thereafter taken by the Board to finally close the petitioner's provident fund account and it is seen from Ex. P4 that the account was finally closed on 1-11-1969 by forwarding to the petitioner a cheque for Rs. 4256/-

(2.) The petitioner states that on the faith of the orders passed by the Board granting him leave preparatory to retirement and permitting him to proceed on voluntary retirement on the expiry of the said leave and also to take up other work by self employment or accepting employment under any other agency as consulting engineer, valuer etc. the petitioner had settled down in his native town of Tirunelveli and set up practice as a consulting engineer and entered into several commitments with many parties including departments of Madras Government and Municipalities and Panchayats for supervision of various construction works involving large financial outlay. In Proof of the above fact the petitioner has produced Exs. P7 to P16 which are documents relating to some of these contracts.

(3.) On 30-3-1970 the Board sent a communication to the petitioner (Ex. P6, informing that exigencies of service needed immediate revocation of the orders dated 10-1-1969 and 15-1-1969 whereby the petitioner had been granted leave and permitted to proceed on voluntary retirement etc. and that those orders, therefore, will stand revoked with effect from the afternoon of 1st May, 1970. The petitioner was called upon by Ex. P6 to join duty on the forenoon of 2nd May, 1970 and to report himself to the Board's Chief Engineer (Civil) at his office at Trivandrum. It is to quash this order that the petitioner has come up to this court with this writ petition.