STATE OF WEST BENGAL Vs. MADHAB SARKAR

JUDGEMENT

(1.) The State has filed the instant writ petition challenging an order of the West Bengal Administrative Tribunal dtd. 25/11/2019 in OA 942 of 2018 whereby and whereunder the order of the Additional Chief Secretary, Department of Health and Family Welfare, Government of West Bengal was quashed and set aside and a direction was passed upon the authority to pass a necessary order granting voluntary retirement to the respondent.

(2.) The undisputed facts emerged from the pleading of the respective parties are that the respondent was born on 21/8/1959 and completed fifty years of age and rendered more than twenty years of his service in the year 2008. By virtue of the provisions contained in Rule 75(aa) and 75(aaa) of the West Bengal Service Rules, Part-1, an application was taken out for voluntary retirement. The Additional Chief Secretary, Department of Health and Family Welfare, rejected the said application on the premise that such prayer for voluntary retirement cannot be acceded to on the larger public interest.

(3.) Such being the salient fact involved in the instant matter, the Tribunal manifestly proceeded on the basis that once the conditions enshrined in the enabling provision of Rule 75(aaa) have been fulfilled, there was no other option left to the Government to grant the prayer and allow the respondent a voluntary retirement.