DOMINGOS SAVIO MONTEIRO Vs. AGNEL POLYTECHNIC

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner was working as a Lecturer in the Computer Engineering Department since the year 1987 and had put in service of almost 24 years at the time when he was permitted to voluntary retire vide order dtd. 1/3/2013 but with effect from 12/9/2011 from service with respondent no.1, which is a Government-aided institution. On 12/8/2011, the petitioner was placed under suspension pending departmental proceedings. A charge-sheet was issued to the petitioner on 29/8/2011 and the petitioner filed his written statement denying the charge.

(2.) On 12/9/2011, the petitioner has pleaded that on account of humiliation and mental agony, gave the notice to opt for voluntary retirement without prejudice to his rights and contentions. On 1/3/2013, respondent no.1 informed the petitioner that his notice to proceed on voluntary retirement has been accepted with retrospective effect from 12/9/2011.

(3.) The petitioner was then informed on 20/3/2013 that he would not be entitled to any salary for the period between 12/9/2011 to 20/2/2013. Thereafter, on 24/6/2013 the petitioner was informed that he has to refund an amount of Rs.6,24,726.00 towards excess subsistence allowance. On 17/9/2013 the petitioner was informed that unless these issues are sorted out, the petitioner's file for retirement dues will not be processed.