USHA VAISHAMPAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Question which crops up for consideration in the writ petition is as to whether when a voluntary retirement is sought under Rule 42 (1) (a) of Madhya Pradesh Civil Services (Pension) Rules, 1976, the same would come into existence from the date of acceptance or from the date when the voluntary retirement is actually effected.

(2.) The relief sought by the petitioner for fixation of pension as per Rule 42 A (2) of 1976 as it stood prior to Notification dtd. 5/4/2006 depends on the answer to the question under consideration.

(3.) Having worked as Deputy Superintendent in District and Session Court, Jhabua, and completed 26 years of service, petitioner on 25/1/2006 sought voluntary retirement under Rule 42 (1) (a) of 1976 Rules. The request for voluntary retirement was accepted on 30/1/2006 by District and Sessions Judge, Jhabua, to come in force w.e.f. 30/4/2006, i.e., on completion of three months.