LAWS(GAU)-2016-3-71

SH. J. LALCHHANHIMA. S/O LATE CHALKUNGA R/O TUIKUAL SOUTH, AIZAWL, MIZORAM Vs. STATE OF MIZORAM, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF MIZORAM, AIZAWL

Decided On March 15, 2016
Sh. J. Lalchhanhima. S/o Late Chalkunga R/o Tuikual South, Aizawl, Mizoram Appellant
V/S
State of Mizoram, Represented by the Chief Secretary to the Government of Mizoram, Aizawl Respondents

JUDGEMENT

(1.) Heard Mr. C. Lalramzauva, learned senior counsel assisted by Mr. B. Lalthlamuana, learned counsel appearing for the appellant. Also heard Mrs. Linda L. Fambawl, learned Govt. Advocate appearing for the respondents.

(2.) This appeal has been filed by the appellant/writ petitioner against the Judgment & Order dated 31.03.2015 passed in W.P(C) No. 43/2014 wherein, the petitioner has challenged his release on voluntary retirement w.e.f. 1/11/2013 vide letter dated 1.11.2013 and letter dated 22.04.2014 regretting the respondents' inability to approve the petitioner's request for withdrawal of his application for voluntary retirement W.P(C) no. 43/2014 had been dismissed.

(3.) The petitioner's case in brief is that the petitioner was promoted from the post of Sec. Assistant to the post of Junior Engineer vide office order 29.10.2013 issued by the Engineer-in-Chief, PWD, Govt. of Mizoram. The petitioner thereafter, submitted an application dated 30.10.2013 to the Engineer-in-Chief, PWD requesting that his application for voluntary retirement from service may be approved at an early date by relaxing the required period of 3 (three) months of notice required as per the Rules, which in this case is Rule 48A of the CCS Pension Rules.