CHINTAMANI SONI Vs. STATE OF M.P.

JUDGEMENT

(1.) CHALLENGING the order passed by the respondents accepting the voluntary retirement of the petitioner and retiring him on such acceptance, petitioner has filed this writ petition. Petitioner had originally filed an application under Section 19 of the Administrative Tribunals Act in the year 1999 and after winding up of the tribunal, the application stands transferred to this Court and was registered as writ petition.

(2.) RECORDS indicate that applicant's date of birth is 8.4.1941, he was appointed as a Patwari by the Collector Shahdol on 21.11.1961. Petitioner attained the age of superannuation on 30th of April, 2001 but according to the petitioner much before he could attain the age of superannuation, in the year 1997, he was not keeping good health, as a result on 22.7.1997 vide Annexure - A1, he moved an application for granting him an attachment in Tehsil Office and not compelling him to work as a Patwari, this request was again made vide Annexure -A2 dated 13.10.1997, which was submitted to the Sub -Divisional Officer Sohagpur District -Shahdol.

(3.) IT is seen that the Medical Board also advised the petitioner to undergo Cataract Operation. When the petitioner underwent the Cataract Operation and after declared fit by the Medical Board on 4.3.1997, the petitioner has submitted an application Annexure - A10 requesting for joining his duties and as the petitioner was voluntarily retired from duties and was not permitted to join duties, these proceedings were initiated by the petitioner. It is case of the petitioner that the petitioner has not submitted any application for voluntary retirement, he has only submitted an application for grant of alternate work due to his ill health and as he has been retired without any reason, this writ petition has been filed.