BALMUKUND ORIYA Vs. STATE

JUDGEMENT

(1.) FACTS may be stated in brief. On 1-3-1963 the petitioner was promoted to the post of Head Assistant in the Sambalpur Collectorate. On 22-9-63 he applied for three months earned leave with effect from 20-10-63 to go on pilgrimage, but the leave was not granted. He made an application on 8-2-1964 (which has not been made an Annexure), to grant leave for eight months preparatory to retirement, in case earned leave was not granted. On 26-2-1964 earned leave for three months was granted but the petitioner could not avail of the same as no reliever was available. On 15-4-1964, in annexure B addressed to the Collector of Sambalpur the petitioner stated;

(2.) THE position, therefore, is that the Collector's order directing the retirement of the petitioner from service was confirmed, but so far as leave was concerned the collector's order granting 4 months leave was modified and in all he was given 12 months' leave preparatory to retirement.

(3.) THE petitioner assails the order of the Collector and the Government directing him to retire on the ground that leave was due to him and he was entitled to take leave on private affairs, and that before the final order accepting his offer to retire was passed, he revoked his offer to retire and that, therefore, the order of government retiring him was illegal.