J. LALCHHANHIMA Vs. STATE OF MIZORAM AND ORS.

JUDGEMENT

(1.) Heard Mr. Anil Rinliana Malhotra, learned counsel appearing for the petitioner. Also heard Mrs. Linda L. Fambawl, learned Government Advocate, Mizoram, appearing for the State respondents. The petitioner, namely, Sh. J. Lalchhanhima on 07.05.1983 was initially appointed to the post of Work Charge Section Assistant in the Public Works Department (PWD, in short), Government of Mizoram. During the course of his service tenure under the PWD, Government of Mizoram, on the recommendation of the Mizoram Public Service Commission, the Engineer-in-Chief, PWD, Mizoram, Aizawl respondent No. 4 vide order No. A.32015/2/2012/EC/E-II/139 dated 20.10.2013 (Annexure-1 to the Writ Petition) promoted the petitioner to the post of Junior Engineer along with 62 such other Section Assistants/Overseers Grade-II and accordingly, the petitioner was posted at Project-II Division, PWD.

(2.) The petitioner, while serving as Junior Engineer, PWD, Project Division-II, Laipuitlang, Aizawl, by a written application dated 31.10.2013 sought for voluntary retirement from service and prayed before the Engineer-in-Chief, PWD, Government of Mizoram, to consider and approve the same at an early date, requesting to relax the required period of three months of notice, as per provision of Rules in force (Annexure-2 to the writ petition).

(3.) Said application of voluntary retirement from service of the petitioner dated 31.10.2013 with his Service Book, Application in original and Joining Report in service was placed before the Engineer-in-Chief, PWD, Aizawl, Mizoram through the Executive Engineer, PWD, Project Division-II, Mizoram, Aizawl, the respondent No. 6 and the Chief Engineer, PWD, Buildings, Mizoram, Aizawl, the respondent No. 5.