BABU RAM Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The brief facts culled out from the available record are that the appellant was appointed as Agriculture Development Officer on ad-hoc basis on 24.08.1979 and his services were regularized on 15.09.1982. He made a written request on 26.04.2010 seeking voluntary retirement by giving 3 months notice, but instead of declining his request for voluntary retirement he was dismissed from service vide order dated 21/27.05.2011 w.e.f. 22.04.2010 on the ground that he was convicted by the Criminal Court for an offence under Section 304-B read with Section 34 IPC. The appellant had, thus, challenged the order of dismissal dated 21/27.05.2011 and claimed that he may be declared to have voluntarily retired w.e.f. 31.07.2010 and be paid all consequential benefits accordingly.

(2.) The prayer made in the writ petition has not been accepted by the learned Single Judge vide his order dated 14.07.2011 which prompted the appellant to prefer the present intra-court appeal.

(3.) Learned counsel for the appellant has basically relied upon the proviso to Rule 5.32-B of the Punjab Civil Service Rules (hereinafter referred to as the "Rules") to contend that a government employee, who has completed 20 years of qualifying service, can seek retirement by giving notice of not less than three months in writing to the appointing authority and where the appointing authority does not refuse to grant the permission for retirement before the expiry of the said period, the retirement shall become effective from the date of expiry of the said period. The relevant Rule 5.32-B of the Punjab Civil Service Rules is also reproduced here-inunder for the ready reference: