GURJIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This appeal has been filed by the appellant-petitioner being aggrieved by an order dated 17.01.2019 passed in CWP-13291-2012 by which the petition filed by the appellant-petitioner seeking quashing of order dated 02.10.2014 whereby the claim of the appellant-petitioner for voluntary retirement has been rejected and order dated 02.10.2014 whereby charge sheet has been issued against the appellant for absence without leave, has been dismissed.

(2.) Apparently, in the instant case, the appellant, who had joined the service as JBT Teacher on 28.07.1992 and subsequently promoted as Social Studies Master w.e.f. 25.10.2001, had applied for special leave under the self- employment scheme notified by the State, which was initially granted for a period of three years w.e.f. 01.01.2009 to 31.12.2011 vide order dated 31.12.2008 and after availing the said leave for three years in the first instance, the appellant applied for extension of leave for further period of two years, which was rejected by the authorities on 14.03.2012 and the appellant was directed to join duties within 15 days. It is stated that the appellant had joined duty on 16.04.2012 and again filed an application for grant of leave for a period from 01.04.2012 to 15.04.2012. The appellant, thereafter, deposited a sum of Rs. 96,438/- as three months' salary in lieu of three month's notice on 02.05.2012 with a request to the respondents to permit him to prematurely retire from service. Though, the Headmaster initially acceded to the request of the appellant, but, when the matter was brought to the notice of the competent authority during the pendency of the petition, the Director, Education Department passed order dated 02.10.2014 rejecting the prayer of the appellant for voluntary retirement which order was assailed by the appellant by amending the petition.

(3.) Learned counsel appearing for the appellant submits that the learned Single Judge has failed to appreciate and interpret the provisions of the Punjab Civil Services (Premature Retirement) Rules, 1975 (for short 'the Rules of 1975'). It is submitted that the learned Single Judge has erred in holding that the appellant has not completed 20 years of service and therefore, his claim for voluntary retirement has not been rightly rejected, totally ignoring the fact that the authorities have right to grant pre-mature retirement even prior to the said period and that the appellant became entitled for pension after completing qualifying service of 10 years. It is submitted that in such circumstances the prayer of the appellant for voluntary retirement could not have been rejected. Learned counsel for the appellant has relied upon decisions of this Court rendered in the case of Ganga Bishan v.State of Haryana, CWP No. 9059 of 1993, decided on 23.02.1994 and State of Punjab v. Gurkeerat Singh, 2002(4) SLR 294 in support of his contentions.