PRAFULLCHANDRA G VIPANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. D.A. Bambhania, learned Additional Government Pleader, waives service of rule on behalf of the respondents. In the facts and circumstances of the case, the matter is taken up for final hearing today.

(2.) This petition is filed by the petitioner for quashing and setting aside the decision of the Gujarat Civil Services Tribunal dated May 24, 1995 in Appeal No. 301 of 1994 and by directing the respondent-authorities to pay pensionary dues and other benefits to the petitioner with effect from 1st March, 1994, treating the petitioner as voluntarily retired after office hours on February 28, 1994.

(3.) It is the case of the petitioner that he joined services of the respondents in 1960 In 1991, the petitioner applied for voluntary retirement on account of personal problems He, however, withdraw that application. Again, he made an application in 1993, but it was not granted on the ground that a departmental enquiry was pending against him. In that enquiry, a minor punishment was imposed on him. By a notice, dated November 30, 1993, he sought voluntary retirement with effect from February 28, 1994, i.e. after completion of notice period of three months. It is his case that even though statutory period of three months was over, no decision was taken. Surprisingly, by an order dated March 28, 1994, the Unit Officer of the National Filaria Control Programme, Jamnagar, respondent No. 2 herein, intimated the petitioner that his application for voluntary retirement was not granted as Criminal Case No. 163 of 1993 was pending against him. The petitioner, therefore, was called upon to resume duty within a period of three days from the date of the order.