NIRENDRA NATH KOCH Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. B. P. Borah, learned Senior Counsel assisted by Mr. D. Borah, learned counsel for the petitioner, Mr. B. Bhattacharjee, learned Standing Counsel, ASEB and Mr. B. C. Saikia, learned Additional Senior Government Advocate for the State of Assam.

(2.) THIS application under Article 226 of the Constitution of India has been filed by the petitioner challenging the office order No. 105 dated 17. 2. 1996 issued by the Chief Engineer (D), Assam State Electricity Board (ASEB), accepting the voluntary retirement sought by the petitioner which was purportedly withdrawn by him before its acceptance by the employer.

(3.) THE petitioner was appointed as Junior Engineer in the ASEB vide order dated 3. 5. 1982 and was posted at Gossaingaon in the district of Kokrajhar. He completed more than 10 years of continuous service without any blemish from any quarter. In July 1995, the petitioner made an application vide Annexure-B before the Chief Engineer, ASEB praying for voluntary retirement from his service and accordingly informed the ASEB that his wife, son or any of his brother may enjoy the benefit that may be available to the petitioner. However, the petitioner also filed a letter dated 26. 6. 1995 to the Chief Engineer, ASEB, intimating that he wanted to resign from his service w. e. f. 1. 7. 1995 due to his personal works; a copy of which has been annexed as Annexure-A to the writ petition. Thereafter, his wife, by a letter dated 17. 10. 1995 informed the Chairman, ASEB that her husband has been missing since 24. 6. 1995 and an Ejahar was lodged in this regard with the Dispur Police Station on 2. 7. 1995. In the said letter, the petitioner's wife Smt. Saya Rani Koch requested the Chairman, ASEB to make an enquiry into the matter from his end to trace out her missing husband. By another letter dated 20. 7. 1995 addressed to the Chief Engineer (D), ASEB, the petitioner's wife requested to treat the resignation letter submitted by her husband as cancelled/withdrawn. It has been stated in para 10 of the petition that the petitioner visited almost all the holy places of India including Prajapati Brahma Kumari Iswariya Vidyalaya at Bangalore where the patients suffering from depression are treated and the petitioner underwent treatment in the said institution. Ultimately, the petitioner after getting recovered from depression, returned to his native place at Dibrugarh. The petitioner, thereafter, obtained a medical certificate dated 13. 1. 2004 for fitness from Dr. P. K. Choudhury, Prof. and Head of the Department of Psychiatry, Assam Medical College Hospital, Dibrugarh. On the basis of the said certificate, the petitioner approached the respondent ASEB for allowing him to resume his duties. The respondent ASEB authorities vide a letter No. ASEB (RC)/109/91/pt-1/33 dated 18. 5. 2004 (Annexure-1 to the writ petition) informed the petitioner that as per relevant rules the Board has already accepted his voluntary retirement with effect from 1. 7. 1995 and since the matter had already been finalized about 9 years ago from the date of acceptance of voluntary retirement, his prayer for allowing him to rejoin in service could not be allowed.