LAWS(BOM)-2017-7-275

PRAVIN Vs. MAHARASHTRA JEEVAN PRADHIKARAN

Decided On July 21, 2017
PRAVIN Appellant
V/S
Maharashtra Jeevan Pradhikaran Respondents

JUDGEMENT

(1.) Heard Shri P.D. Meghe, learned counsel for the petitioner, Shri D.M. Kakani, learned counsel for respondent Nos. 1 to 3 and Shri A.A. Madiwale, learned AGP for respondent No. 4.

(2.) The petitioner has approached this Court, challenging a communication dated 104.2016, by which his notice for Voluntary Retirement has been rejected on the ground that if the period from 19.03.2012 to 23.02014 of one year and 11 months, during which he was absent without permission, is excluded, till 03.04.2016, he completes total service of 18 years and 7 months and as such, does not satisfy the requirement of putting in qualifying service of 20 years as per Voluntary Retirement Scheme (VRS).

(3.) Shri Meghe, learned counsel for the petitioner submits that the petitioner gave application for proceeding on VRS on 04.01.2016 and it was not rejected within a period of 90 days. It is, therefore, deemed to have been granted on 04.04.2016. Accordingly, on that day, the petitioner has proceeded on voluntary retirement.