LAWS(P&H)-2013-11-34

BIDHI CHAND Vs. PUNJAB AND HARYANA HIGH COURT

Decided On November 08, 2013
BIDHI CHAND Appellant
V/S
Punjab and Haryana High Court and Another Respondents

JUDGEMENT

(1.) The petitioner, who was serving as Reader Grade-I to the Additional District & Sessions Judge, Mansa and having been deputed to work as Reader with Additional Civil Judge (Senior Division) Sardulgarh submitted a three months notice dated 28.2.2011 for premature retirement from service i.e. to take effect w.e.f. 31.5.2011. Prior to the effective date i.e. 31.5.2011, the District & Sessions Judge, Mansa vide order dated 3.3.2011 informed the petitioner that under the provisions of the Punjab Civil Services (Premature Retirement) Rules, 1975, the request of the petitioner had been accepted and as such, he would stand retired from govt. service w.e.f. 31.5.2011 after noon on completion of 30 years of service.

(2.) The intervening period from 1.3.2011 to 31.5.2011 would be treated as three months prior notice as per requirement under the rules. The petitioner submitted a representation dated 24.5.2011 for withdrawal of his request for premature retirement. However, such request was rejected vide order dated 31.5.2011 by the District & Sessions Judge, Mansa (Annexure P-4). Even the representation filed by the petitioner before this Court stands rejected vide order dated 31.7.2012 (Annexure P-6).

(3.) Against such factual backdrop, the instant writ petition has been filed praying for quashing of the impugned orders dated 31.5.2011 (Annexure P-4) and 31.7.2012 (Annexure P-6) and for seeking directions to respondents to reinstate him in service.