D. MOHAMMED MANIKFAN Vs. ADMINISTRATOR

JUDGEMENT

(1.) The petitioner, who was permitted to voluntarily retire from the service of the respondent-Administration, was before the Tribunal against the denial of disbursement of retirement benefits other than the provisional pension fixed.

(2.) The brief facts to be noticed are that the petitioner submitted an application for voluntary retirement to be effective from 31.10.2017. The Administration kept the matter pending and in that circumstance, he is said to have voluntarily retired on the afternoon of 31.10.2017. On 01.11.2017, admittedly the applicant received a message through e-mail, which communicated the fact of the application having been kept in abeyance. However, later the applicant was issued with Ext.P2 order dated 20.08.2018 permitting him to retire voluntarily from the Government service, but sanctioning only provisional pension till the final outcome of the case. There was no indication in Annexure-A16 order dated 20.08.2018 [the Annexures are referred to as produced in the O.A.] produced and impugned before the Tribunal as to the subject matter of the case referred to therein.

(3.) On the respondent appearing before the Tribunal, they took up a preliminary contention that the applicant had abandoned his employment on 31.10.2017 when the voluntary retirement application was not sanctioned. We also took note of the fact that there was nothing permitting the applicant to voluntarily keep away from employment unless and until the same has been sanctioned by the competent authority. Be that as it may, as of now it does not lie in the mouth of the respondent to raise that contention, since they obviously allowed the application and permitted the applicant to retire as on the afternoon of 31.10.2017 as per Annexure-A16.