BABU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who was serving as an Agriculture Development Officer, has impugned his order of dismissal with a further prayer to treat him to have voluntarily retired w.e.f. 31.7.2010 deemingly. The petitioner also prays for grant of all consequential benefits on the basis of the prayer so made.

(2.) Initially, appointed on adhoc basis on 24.8.1979, the petitioner was regularised as Agriculture Development Officer on 15.9.1982. Petitioner had submitted a request for voluntary retirement w.e.f. 31.7.2010. This request was sent through a registered post and the same was made under the provisions of Rule 5.32-B of the Punjab Civil Service Rules (for short "the Rules"), which gives a right to a Government employee to give a notice of three months in writing to retire from service if he has completed 20 years qualifying service. This provision contains a proviso to the effect that where appointing authority does not refuse to grant permission for retirement before expiry of the period specified in the rule, the retirement shall become effective from the date of expiry of the said period.

(3.) Invoking the provisions of the proviso in the rule, the petitioner claims that he would deem to have retired on 31.7.2010 as his request made on 26.4.2010 was never denied. As per the petitioner, he fulfilled the remaining requirement mentioned in the rules as he had completed more than 30 years of service.