STATE OF WEST BENGAL Vs. ASHOK KUMAR MAITI

JUDGEMENT

(1.) State has assailed an order dated January 3, 2017 passed by the West Bengal Administrative Tribunal in OA 346 of 2015.

(2.) By the impugned order, the Tribunal has held that, right to retire voluntarily from service accrues immediately on fulfilment of the preconditions laid down for such purpose under Rule 75 of the West Bengal Service Rules Part I, 1971 before the insertion of new Sub-Rule 75 (aaaa) therein. It has held that, as and when the incumbent serves notice on the authorities expressing his desire to voluntarily retire from service, it is a step taken to enforce the right that had already accrued to him. The tribunal has held that, incumbents who fulfilled the preconditions laid down for such purpose in Sub-Rule 75 (aaa) of the Rules of 1971 before the date of insertion of the new subrule 75 (aaaa), the right to voluntarily retire from service had already accrued to them and therefore, irrespective of whether or not they have submitted notice for voluntary retirement prior to the date of insertion of the new subrule, they shall have the right to voluntarily retire from service in accordance with subrule 75 (aaa) of the rules of 1971 and that the new subrule 75 (aaaa) of the rules of 1971 shall not be applicable to them.

(3.) Learned Senior Advocate appearing for the State has contended that, the issue of voluntary retirement and the insertion of Rule 75 (aaaa) to the Rules of 1971 has been considered by the Supreme Court in 2019 Volume 16 Supreme Court Cases 348 (State of West Bengal and others versus Dr. Tanmoy Mondal). He has contended that, public interest can be invoked by the Government when voluntary retirement is sought by an employee and a request for voluntary retirement can be rejected on the ground of public interest.