STATE OF WEST BENGAL Vs. TONMOY MONDAL

JUDGEMENT

(1.) The five petitioners in the WPST under Article 226 of the Constitution of India dated August 5, 2014 are questioning an order of the West Bengal Administrative Tribunal dated November 18, 2013 allowing the respondent's OA No. 754 of 2013. The respondent was in the West Bengal Health Services. He was working as Medical Officer in Bolpur S.D. Hospital in the district Birbhum. On November 25, 2011 he applied in prescribed form for voluntary retirement with effect from February 17, 2012. Although no decision was taken on the application, the respondent stopped attending office and discharging duties from March 1, 2012.

(2.) Then alleging inaction on the part of his appointing authority in that the authority did not take necessary decision on his application for voluntary retirement, the respondent moved the Tribunal by filing an OA No. 710 of 2012. By an order dated July 31, 2012 the Tribunal disposed of the OA on its admission day recording that in spite of notice none appeared for the respondents therein and directing the Principal Secretary, Health & Family Welfare Department, Government of West Bengal to take a decision on the respondent's application for voluntary retirement.

(3.) In compliance with the order the Principal Secretary gave a decision dated February 22, 2013 rejecting the respondent's application for voluntary retirement saying as follows:-