COMMISSIONER Vs. D DHAKSHINAMURTHI

JUDGEMENT

(1.) THIS Writ Appeal is directed against the order of the learned single Judge dated 14. 02. 2003 made in W. P. No. 15430/1999.

(2.) THE first respondent herein was employed as Assistant Pathologist in Public Health Laboratory, Health Department, Corporation of Chennai. According to him, he made an application to the Commissioner, Corporation of Chennai on 30. 12. 1996 for voluntary retirement from service on the expiry of three months and on completion of 20 years of service in the appellant Corporation. As per the said letter, he should retire voluntarily with effect from 1. 4. 1997. In the mean time, he submitted a letter to the Health Officer, Corporation of Chennai, on 13. 01. 1997 for grant of medical leave from 20. 1. 1997 for a period of 30 days. After availing the medical leave, he submitted a letter on 1. 4. 1997 for settlement of retirement benefits. By letter 9. 4. 1997, the Commissioner, Corporation of Chennai, informed the petitioner that his request for voluntary retirement was negatived. On the claim that his letter expressing his desire to go on voluntary retirement dated 30. 12. 1996 was not rejected within a period of three months and therefore, it should be deemed to have been accepted and the petitioner shall be deemed to be retired voluntarily with effect from 1. 4. 1997, he approached this Court for a direction to settle and disburse the retirement benefits. The said Writ Petition was allowed. Hence the present appeal by the Corporation of Chennai.

(3.) WE have heard Mrs. P. Bagyalakshmi, learned counsel appearing for the appellant Corporation and Mr. S. Sadacharam, learned counsel appearing for the first respondent and also Mr. V. Raghupathi, learned Government Pleader, appearing on behalf of the 2nd respondent herein.