HEMLATA T KHODA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner an ex-Staff Nurse of the Medical Department, Government of Gujarat, by this petition under Article 226 of the Constitution of India praying for quashing and setting aside the action of the authority in not granting her retiral benefits. She prayed for the direction to the respondents to release her all retiral benefits along with the interest @18% p.a.

(3.) The facts of the case in brief are that the petitioner was appointed as Staff Nurse on 16/2/1974. She applied for voluntary retirement w.e.f. 15/6/1995 and that has not been accepted on the ground that complaint is pending against her. She again tendered notice on 18/1/1996 seeking voluntary retirement w.e.f. 17/4/1996. It is the case of the petitioner that this notice was not replied. She continued to work upto 20/7/96 and thereafter she stopped attending to duty as she considered that the aforesaid notice of voluntary retirement would have been accepted by the employer.