HARDEEP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 4/9/2024 whereby respondent rejected his notice dtd. 17/8/2024 seeking premature retirement. She is further seeking direction to respondent to refund a sum of Rs.2,68,563,.00 which she had deposited in lieu of three months' notice.

(2.) The petitioner joined Punjab Police on 18/11/1993 as Constable. She claims that she is suffering from disc problem. She on attaining age of more than 50 years and having completed service of more than 25 years served notice dtd. 17/8/2024 upon respondent seeking premature retirement. The notice was served in terms of Rule 3(2) of Punjab Civil Services (Premature Retirement) Rules, 1975 (for short '1975 Rules'). Three months' period was to be completed on 17/11/2024. The respondent vide communication dtd. 4/9/2024 rejected her application. She again filed application seeking premature retirement on 4/11/2024. Said application was accepted because petitioner deposited a sum of Rs.2,68,563.00 in lieu of three months' notice. The petitioner is claiming that she was orally asked to deposit three months' salary in lieu of notice as a pre-condition to accept her application for premature retirement, thus, she deposited said amount on 5/11/2024. The moment she deposited three months' salary, the respondent on 6/11/2024 accepted application of the petitioner. As per Rule 3(2) of 1975 Rules, the petitioner was not required to deposit three months' salary in lieu of notice. In any case, she had served notice on 17/8/2024 and respondent finally accepted her application on 6/11/2024, thus, there was compliance of requirement of three months' notice.

(3.) Learned State counsel submits that as per Government Instructions dtd. 3/8/1977, three months' salary is required to be deposited if notice period is waived. The petitioner submitted application seeking VRS on 4/11/2024 which was accepted on 6/11/2024. The period of three months' notice was waived of because she deposited three months salary on 5/11/2024. The petitioner complied with aforesaid Government Instructions, thus, her VRS application was accepted.