TUSHAR NANDLAL DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present letters patent appeal under clause 15 of the Letters Patent is directed against the order dated 20.2.2017 passed by the learned single judge in the captioned writ petition.

(2.) The case of the appellant is that the respondent authorities did not pass any order of voluntary retirement and treated his application for voluntary retirement as resignation under rule 16 of the Gujarat Civil Services (Leave) Rules, 2002 without affording any opportunity of hearing by issuing show cause notice as envisaged under the Rules.

(3.) Mr. Shivang Shukla, learned advocate appearing on behalf of the appellant has submitted that initially, the period of leave of 139 days was not regularized by the respondent authorities and hence, his request for voluntary retirement was not acceded to. He has submitted that the appellant had filed an application seeking voluntary retirement on 06.09.2006 as envisaged under rule 48 of the Gujarat Civil Services (Pension) Rules, 2002. The same was not considered since the decision on his leave was pending. However, by the order dated 27.7.2009, the State authorities regularised his period of absence of 139 days and 125 days comprising from 1.2.1996 to 18.6.1996 and 19.6.1996 to 21.10.1996 respectively. Since the said period of absence was regularised vide order dated 27.7.2009, the appellant requested the Superintending Engineer, Bhavnagar Irrigation Department Circle, to issue a certificate of service.