NILKANTH RAMJI AKARTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith by consent of Mr. V.R.Thakur, learned counsel for the petitioner and Mrs. T.D.Khade, learned AGP for the Respondents.

(2.) Mr. Thakur, learned counsel for the petitioner, has submitted that on 17.3.1977 the petitioner was appointed in the post of Lecturer in Biochemistry in the Government Medical College, Nagpur. On 25.7.1994 the petitioner was promoted as Professor in Biochemistry and posted at Government Medical College, Nagpur. It is submitted that the petitioner was to be superannuated on 31.7.2006, however, just less than one year before his superannuation, he was transferred from Government Medical College, Nagpur, to Shri Vasantrao Naik Government Medical College, Yavatmal. The petitioner challenged the said order of transfer before the Maharashtra Administrative Tribunal, Nagpur Bench, Nagpur, however, could not get interim relief and therefore, petitioner was relieved by the respondents from Nagpur on 11.8.2005. Therefore, on 22.8.2005 the petitioner had no option but to join his duty at Vasatntrao Naik Government Medical College, Yavatmal.

(3.) Mr. Thakur, learned counsel further contended that since the petitioner had to live alone at Yavatmal and being a heart patient, the petitioner find it extremely difficult to stay alone at Yavatmal and therefore, on 19.10.2005 the petitioner gave three months notice of voluntary retirement under Rule 66(1) of the Maharashtra Civil Services (Pension) Rules, 1982, to the appointing authority through proper channel. The notice period was to expire on 18.1.2006.