ASST COMMISSIONER Vs. S MOHAMMED GHOUSE

JUDGEMENT

(1.) AGGRIEVED by the order of the Central Administrative tribunal dated 07. 06. 2000 made in T. A. Nos. 24 and 25 of 1999, Kendriya Vidyalaya sangathan has filed the above writ petitions.

(2.) SINCE the issues raised in both the writ petitions are related to S. Mohammed Ghouse, first respondent herein, they are being disposed of by the following common order.

(3.) FIRST, let us consider the question relating to acceptance / rejection of the voluntary retirement offered by the first respondent on 06. 01. 1992. There is no dispute that the first respondent / principal in Kendriya Vidyalaya had completed 25 years of service during 1991, when he submitted an application for voluntary retirement on 06. 01. 1992. Rule 48-A of CCS (CCA) Pension Rules and Rule 56-K of Fundamental Rules enable the first respondent to apply for voluntary retirement for certain reasons. There is no dispute regarding his eligibility to avail voluntary retirement under the above said Rules. By letter dated 06. 01. 1992, addressed to the second petitioner, the first respondent, after referring the illness of his son since childhood and he is immobile and bed-ridden, sought to proceed on voluntary retirement with effect from 06. 04. 1992. In the same letter he informed that the said letter may be noted as three months notice for the same from 06. 01. 1992. In this regard it is relevant to refer the provisions quoted by the first respondent. "48-A. Retirement on completion of 20 years' qualifying service. (1) At any time after a Government servant has completed twenty years'qualifying service, he may, by giving notice of not less than three months in writing to the Appointing Authority, retire from service. Provided. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The notice of voluntary retirement given under rub-rule (1) shall require acceptance by the Appointing Authority; Provided that where the Appointing Authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period. "