SHAIK MOULA ALI Vs. DIRECTOR SDSC

JUDGEMENT

(1.) THIS writ petition has been instituted for declaring the action of the respondents in not allowing the petitioner to continue in service till he attains the normal age of superannuation, as illegal and arbitrary.

(2.) THE writ petitioner joined service as Technician-A in the Indian Space Research Organization (ISRO), at their SHAR Center, Nellore, on 11-03-1974 and subsequently, came to be promoted to various posts including the latest one, being Junior Engineer. While he was serving as a Junior Engineer, he tendered a notice on 29-10-2008, seeking to retire voluntarily from service in accordance with Rule 48(1) of the Central Civil Service (Pension) Rules, 1972 (henceforth referred to as the CCS (Pension) Rules'). He proposed to retire after three months, i.e., on February 2nd 2009. In response thereto, an office Memorandum dated 14-11-2008, has been issued to him that the notice delivered by the writ petitioner for voluntary retirement is under consideration of the competent authority and that the acceptance would be communicated in due course. It is further pointed out therein that his notice, intimating to retire voluntarily, will not be allowed to be withdrawn subsequently, unless it is specifically approved by the appointing authority. Ultimately on 27-01-2009, the request of the writ petitioner to retire voluntarily from service has been accepted by the competent authority and accordingly, it was proposed to relieve him on the forenoon of February 2nd 2009. THE writ petitioner was advised to submit the pension papers duly filled in. On 29-01-2009, the writ petitioner submitted a representation seeking to withdraw the notice delivered by him for retiring on voluntary basis. Since, this representation of the writ petitioner dated 29-01-2009 has been recommended and forwarded to the competent authority, the writ petitioner has not been relieved on February 2nd 2009, but however, through relieving order dated February 10th 2009, he has been relieved of his duties. By a separate office order bearing the same date, the writ petitioner was informed that in case he wishes to accept any commercial employment before the expiry of one-year period from the date of his retirement, he shall obtain the previous sanction of the Government, in accordance with Rule 10(1) of the CCS (Pension) Rules. On 19-02-2009, intimation has been sent to the petitioner that a get-together is arranged at 15-30 hours on 27-02-2009 and he was requested to make it convenient to attend the function along with his spouse. On 27-02-2009 the writ petitioner has submitted a representation stating that he had continued to attend to duties till 17-02-2009 and, therefore, he requested that he may be continued in service till he attained the age of superannuation in view of his representation dated 29-01-2009. Since, no action has been taken on his representation and he is not being continued in service, he instituted this writ petition.

(3.) THE question that requires to be determined is whether the writ petitioner is entitled to continue in service till he attains the age of superannuation in the normal course in view of his representation dated 29-01-2009.