SHABANA PRAVEEN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT petition has been filed by the petitioner for the following reliefs:

(2.) LEARNED Counsel for the petitioner submitted that the period of absence of the petitioner from duty, due to her illness, from 14 -10 -2000 to June 2007, stands regularized and the service of the petitioner was never terminated by any departmental authority during the period of her absence from duty. He argued that since entire period of absence from duty has already been regularized by the competent authority of the department by sanctioning medical leave for the said period and the leave has been sanctioned without pay, the said period of sanctioned leave, requires to be added in total period of service of the petitioner, for purpose of granting voluntary retirement to her as also for reckoning the said period, for determination of pension. Learned Counsel for the petitioner submitted that under clause (c) of Rule 56 of the Fundamental Rules, contained in the Financial Hand Book, a right has been conferred on every Government employee to seek voluntary retirement after due notice to the department concerned, which is an absolute right, in -as -much as, an employee before seeking voluntary retirement, is not required to fulfill any pre -condition except either attaining 45 years of age or completing 20 years of service in the department. Therefore, after notice to the department, every Government employee is legally entitled to seek voluntary retirement.

(3.) THE respondents filed Counter affidavit, in which they have submitted that the petitioner, in her entire tenure of service, remained absent from service for a period of 5 years 9 months and 15 days which has been treated as break in service, and therefore, the petitioner has not completed 20 years continuous qualifying service and thus, she is not entitled for voluntary retirement. It is also mentioned in the counter affidavit that since the petitioner is serving in the temporary employment in the department, and is not confirmed as yet, the writ petition filed by the petitioner deserves to be dismissed. It is also submitted in the counter affidavit, prayer for voluntary retirement could not be accepted, inasmuch as, she has not completed 20 years qualifying service and 45 years of age.