HARENDRA JASEJA Vs. STATE OF MP

JUDGEMENT

(1.) THIS writ petition is filed under Article 226 of the Constitution, challenging the order dated 07022014 (Annexure P1), whereby the petitioner is transferred from Gwalior to Sagar. In addition, it is prayed that the petitioner's application for voluntary retirement be decided and necessary benefits be extended in his favour.

(2.) The petitioner was appointed on 24121979 as Demonstrator. He was subsequently promoted to the post of Assistant Professor on 02041987 and then to the post of Associate Professor on 01012002. It is urged by Shri V.K. Bhardwaj, learned Senior Counsel for the petitioner that the petitioner's whole service record is clean, excellent and unblemished.

(3.) The petitioner's elder daughter Ms. Namita Jaseja is suffering from Cerebral Palsy with mental retardation. To look after her daughter, petitioner made a request to the respondents authorities to not to award him any further promotion which may result into his posting elsewhere. Due to health condition of daughter, petitioner decided to take voluntary retirement to look after her. He submitted an application in prescribed form on 06082013 (Annexure P5). One month's notice for voluntary retirement was given by assigning reason of daughter's ailment. In addition, petitioner informed that he himself is suffering from certain ailments.