RAM BAHAL NISHAD Vs. DIRECTOR FISHERIES DEPARTMENT

JUDGEMENT

(1.) Petitioner has challenged an order dated 21.9.2000 passed by Deputy Director of Fisheries, Basti, on his application for voluntary retirement dated 1.9.2000 with effect from 30.11.2000, and the order dated 30.11.2000, by which he has retired as Matsya Vikas Adhikari, Sant Kabirnagar.

(2.) The facts of this case are that petitioner appointed in the year 1970, was serving as Matsya Vikas Adhikari, Santkablr Nagar. He submitted an application dated 1.9.2000, for voluntary retirement to be effective from 30.11.2000. On 20.9.2000, he gave an application to modify the order to the effect that he has been harassed on account of his transfer within five months, and non-payment of salary for two days. On 22.9.2000, an application was made by his wife for cancelling the application given by her husband for voluntary retirement. The application for retirement was accepted on 21.9.2000 to be effective from 30.11.2000. Petitioner was required to handover charge on 30.11.2000. By an application dated 16.11.2000, which was received on the same day, petitioner prayed to withdraw his application and to treat his application for voluntary retirement as cancelled. He also prayed that the order dated 21.9.2000, accepting his application for voluntary retirement may be cancelled. Petitioner was relieved by the Chief Executive Fisheries Development Officer, Sant Kabir Nagar on 30.11.2000.

(3.) I have heard Sri A.P.N. Giri, learned counsel for the petitioner and learned standing counsel for respondents.