V. SATHI Vs. THE TRANSPORT COMMISSIONER

JUDGEMENT

(1.) THE petitioner has approached this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the order dated dated 23.09.2011 rejecting the request of the petitioner for voluntary retirement. The petitioner joined as Junior Assistant on compassionate ground on 27.07.1987. Inclusive of the probation period petitioner has completed 25 years and 5 months of service. The grievance of the petitioner is that due to the non grant of increment, juniors to the petitioner were getting higher pay than the petitioner.

(2.) THE petitioner, invoked the provision of Fundamental Rule 56 (3)(a) to seek Voluntary Retirement by giving three months notice.

(3.) THE case of the petitioner is, that there is no departmental proceeding pending or contemplated. Therefore, there was no reason whatsoever with the respondent to reject the request of the petitioner for voluntary retirement. It is also the case of the petitioner that the immediate superior authority of the petitioner had recommended the acceptance of the request of voluntary retirement. Inspite of the recommendation no order on the request was passed by the respondent.