HARI PRASAD SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kshitij Shailendra, counsel for the petitioner, Sri Saroj Yadav, standing counsel appearing for respondent no. 1,2 and 3 and Sri V.P. Mathur representing respondent- Commission. Perused the record.

(2.) The petitioner challenges the validity and correctness of the order of his dismissal from service dated 16.7.2007 issued by respondent no. 1- Secretary, Medical/Health, Lucknow. He has also prayed for issuance of a writ in the nature of mandamus commanding the respondents to accept his application dated 17.5.2003 (Annexure no. 2 to the writ petition) for voluntary retirement and make payments of all the retirement benefits as admissible under the law within the period specified by the Court.

(3.) Brief facts of the case culled out from record are that petitioner was appointed in Provincial Medical Service on 27.10.1988. He moved an application dated 17.5.2003 under Rule 56(C) of the U.P. Fundamental Rules, to respondent no. 1 for his voluntary retirement. In the application, he stated that he is giving notice which would come into effect from forenoon of 30.9.2003.