R. CHANDRASEKARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is filed to quash the order of the Tribunal made in O.A.No.22 of 2008 dated 08.10.2009, wherein the prayer of the petitioner is to declare that he ceased to be in service on voluntary retirement from 21.02.2007 under the proviso to sub-rule (2) of Rule 48(A) of the CCS (Pension) Rules 1972 and FR 56(k); to quash the charge memo dated 10.12.2007 issued by the first respondent and for a direction to sanction pension, commutation of pension, service gratuity, leave encashment, GPF balances, Central Government Insurance amount etc., admissible to the petitioner under the relevant Service Rules.

(2.) The case of the petitioner is that he was initially appointed as a Senior Resident from 15.09.1981 in the JIPMER, Pondicherry and thereafter appointed as Assistant Professor of Psychiatry from 27.12.1984 in teaching sub-cadre of Central Health Service. The petitioner, then became the Associate Professor of Psychiatry with effect from 08.03.1989 and Professor of Psychiatry with effect from 14.01.1994. The petitioner had been the Head of the Department of Psychiatry in the JIPMER, Pondicherry from October, 1990.

(3.) The petitioner's Date of Birth being 17.04.1954, his normal date of superannuation is 30.04.2016. In August, 2006, on account of some compelling circumstances due to domestic problem, the petitioner decided to proceed on voluntary retirement and consequently, he had issued a notice on 28.08.2006 seeking voluntary retirement informing the first respondent that due to extraordinary family situation, he had decided to proceed on voluntary retirement under Voluntary Retirement Scheme (VRS) provided under Rule 48(1) of the CCS (Pension) Rules, 1972, which enables a Government servant, who completed 20 years of service, to proceed on voluntary retirement after giving notice in writing for three months.