BELU RANI DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner while working as the Head Clerk in the office of the District Magistrate and Collector, Unakoti, Kailashahar gave notice for voluntary retirement with effect from 01.01.2020 as her husband was suffering from several neurological ailments. The petitioner had completed serving the respondents for 26 years and 7 months in the regular establishment when she gave the notice for voluntary retirement on 07.08.2019 [Annexure-1 to the writ petition]. The District Magistrate and Collector, Unakoti, Kailashahar by his order No.F.9(5)/DUE/19/6385-98 dated 23.09.2019 observed that the petitioner was entitled to go for voluntary retirement as she was entitled to such retirement under Rule 48-A of the Central Civil Services (Pension) Rules, 1972, as adopted in the State of Tripura. The prayer for voluntary retirement of the petitioner was accepted w.e.f. afternoon of 31.12.2019 but on 20.11.2019, the petitioner submitted prayer for withdrawal of her notice of voluntary retirement to the District Magistrate and Collector, Unakoti, Kailashahar. The said prayer was made in connection having referred the said order dated 23.09.2019 [Annexure-2 to the writ petition.] The petitioner had asserted that due to the "changed circumstances" in her family, she decided to withdraw her prayer for voluntary retirement. Thus, she prayed for allowing her to continue in the service. The said prayer for withdrawal of the notice of voluntary retirement dated 20.11.2019 [Annexure-3 to the writ petition] was forwarded by the District Magistrate and Collector, Unakoti, Kailashahar to the Deputy Secretary, Revenue Department, Agartala for according approval towards withdrawal of voluntary retirement based on her notice. But there had been no response from the end of the respondents.

(2.) On 27.01.2020 the petitioner had prayed for early disposal of her prayer dated 20.11.2019 which was made for withdrawal of the notice of the voluntary retirement and for allowing her to continue in the service. But the petitioner was apprised by the communication under No.F.10(11)-Rev/10 dated 11.02.2020 [Annexure-6 to the writ petition] that the said prayer was examined by the department and that has been disposed by the government in the Revenue Department.

(3.) The petitioner has asserted that she discharged her duties till 15.02.2020. By the memorandum No.F.9(5)/DUE/19/7713- 16 dated 15.02.2020 [Annexure-7 to the writ petition] the petitioner was apprised that her letter dated 21.01.2020 intimating intention of withdrawal of voluntary retirement of the petitioner has not been favourably considered by the government in the Revenue Department. By the said memorandum dated 15.02.2020 it has been clearly observed that the petitioner will be treated as released from the government service on voluntary retirement with effect from the afternoon of 31.12.2019. The consequential orders had thereafter issued by the competent authorities. On 29.01.2020, the under Secretary to the Government of Tripura to the Revenue Department had communicated that the voluntary retirement of the petitioner came into effect from 31.12.2019 as per her prayer. Thus, the petitioner cannot be allowed to revoke. It has been urged by the petitioner to set aside the memorandum dated 15.02.2020 [Annexure-7 to the writ petition] and to direct the respondents to allow the petitioner to continue in the service.