KSIHROD CHANDRA BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application has teen filed by a retired Superintending Engineer of the Public Health Department, Govt. of Assam.

(2.) The prayer made in this writ application is to quash the letter dated 26.4.93 issued by the Respondent No .2 holding that the voluntary retirement as referred to the petitioner cannot be accepted. That is Annexure VII to the writ application and that is quoted below :

(3.) The petitioner wanted to go on voluntary retirement vide Annexure V to the writ application with effect from 2.2.86 after completion of service of 23 years 6 months. The Rule of Voluntary Retirement is that any person can gp on voluntary retirement after completion of service of 20 years or on attaining the age of 50 years which ever is earlier. The petitioner in this case fulfils both the conditions. On 27. 3 86 the petitioner wrote to the Commissioner & Secretary to the Govt. of Assam, Health & FW Deptt. as follows : "Under Rule FR 56 (c), I beg to apply for voluntary retirement with effect from 3.2.86 and the Govt. may release me from that date. Further to my letter dated 6.2. 86 the Govt. may provisionally release me by adjusting my outstanding house building advance of Rs 20,000/- (Rupees twenty thousand) only plus interest thereon against gratuity amounting to Rs 25,000 (or so. The GPT A/C No PH (A) 1437 standing in my name also may please be settled by Accountant General with an instruction to withdrawn the amount finally."