PUNJAB AND HARYANA HIGH COURT Vs. BIDHI CHAND

JUDGEMENT

(1.) This letters patent appeal impugns the order dated 08.11.2013 passed by learned Single Judge whereby the order rejecting the respondent's request for withdrawal of notice of voluntary retirement, has been quashed and the appellants have been directed to reinstate the respondent in service with all consequential benefits including continuity in service. The facts may be noticed briefly.

(2.) The respondent joined as a Clerk on 12.05.1981. He was promoted as Senior Assistant on 20.03.1999 and was placed in the Reader Grade-I w.e.f. 20.08.2009. He was serving in that capacity under the District & Sessions Judge, Mansa and was posted as Reader to Additional District & Sessions Judge-I, Mansa.

(3.) The respondent was transferred to work as a Reader in the Court of Additional Civil Judge (Senior Division) at Sardulgarh in Mansa Sessions Division and was required to assume charge on or before 03.02.2011. He, however, served a three months' notice on 28.02.2011 seeking voluntary retirement from service w.e.f. 31.05.2011. Three months notice period commenced w.e.f. 01.03.2011. Voluntary retirement was sought by the respondent stating that "due to unavoidable circumstances in the family I cannot provide my service to the department".