MAHENDRABHAI BHAVANISHANKAR MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition the petitioner has pressed for grant of the following reliefs : -

(2.) Brief facts relevant for the purpose of deciding the present petition can be summarised as under : - The petitioner was serving as Assistant Binder in the Government Press at Bhavnagar under the administrative control of the head being respondent No. 2. He joined Government service on 16th July 1975. After putting in more than 20 years of service, on account of personal family problems, he decided to opt for voluntary retirement as provided by Government Resolution dated 3rd February 1978 issued by the Finance Department. Government Resolution dated 3rd February 1978 as it was governing the field so far as the voluntary retirement is concerned, at the relevant point of time was applicable so far as the petition is concerned.

(3.) The petitioner had to leave for U.S.A. as the petitioner's sister was suffering from cancer and there was nobody at U.S.A. with his sister. He made an application for grant of leave from 18th October 1997 to 12th February 1998 and thereafter he made applications on 9th February 1998, 13th July 1998 and 9th December 1998. Leave from 18th October 1997 to 12th February 1998 was granted. The petitioner tendered notice of voluntary retirement dated 2nd November 1999 and requested the respondent No. 2 to permit him to voluntarily retire from service as he had completed 20 years of service in the Department. The petitioner requested that he may be permitted to voluntarily retire from 20th October 1997 and if any amount was to be recovered towards the salary paid during the time he was on leave then he would be ready and willing to pay the amount. The petitioner gave an undertaking to this effect in his application dated 2nd November 1999, which is at Annexure -'A' to this petition.