NISHTABEN R. GORADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner, a Medical Officer (Ayurved), after putting more than 20 years of service, applied for voluntary retirement on 14th May, 1993 to the Secretary, Health and Family Welfare Department, Sachivalaya, Gandhinagar that her voluntary retirement be accepted with effect from 01.09.1993.

(2.) MR . K.R. Dave, learned Advocate for the petitioner submitted that said application remained pending with the authorities for years together. Under these circumstances, the petitioner moved this Court by filing petition being Special Civil Application No. 3834 of 2002. Thereafter the authorities passed an order on 27.07.2002 accepting the request of the petitioner retiring her voluntarily with effect from 31.08.1993. In view of the said order, the said petition came to be disposed of vide order dated 27th July, 2002, which is on record. The retirement dues were therefore ordered to be paid to the petitioner and the question of interest on delayed payment was left open. Subsequently, the retirement dues were paid to the petitioner, the details of which are mentioned in the petition. This petition is thus effectively for interest on delayed payment of retirement dues.

(3.) SO far, the second objection that the said application was not in the prescribed proforma can also not be accepted since learned Assistant Government Pleader is not able to point out any proforma prescribed by the competent authority in which the application was required to be made. From Rules what transpires is that the notice has to be given for the period not less than three months and has to be addressed to the competent authority. The application of the petitioner in this case, was thus in order on both these two counts.