CHANDER SINGH CHHIKARA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner in this writ petition filed under Articles 226/227 of the Constitution of India has prayed for Issuance of a writ in the nature of certiorari quashing the impugned order Annexure P-2 dated 30.10.1995 whereby the request of the petitioner for voluntary retirement from Government service has been declined. He has also prayed for directions to the respondent-State to allow him to retire voluntarily from service forthwith.

(2.) The case set up by the petitioner is that he was appointed as a Sub Divisional Engineer on 13.12.1969 and was further promoted as Executive Engineer on 30.9.1976. In October, 1978, he was reverted due to non-availability of vacancy and he was again promoted to the post of Executive Engineer in 1979 and since then he is continuing as such.

(3.) On 1.8.1995, after completion of more than 25 years of service, the petitioner sought voluntary retirement in terms of Rule 5.32(b) of the Punjab Civil Service Rules Volume II vide his request dated 1.8.1995, copy Annexure P-l. However, the said request was turned down vide order dated 30.10.1995, copy Annexure P-2 to the writ petition. The petitioner again represented and request was made to re-consider the order dated 30.10.1995. He also gave undertaking to the effect that he will not withdraw any amount accruable to him till the enquiry cases pending against him are finally settled. The petitioner is also stated to have given a surety of a permanent Government employee of the rank of Executive Engineer. The representation was made on 31.10.1995, copy Annexure P-3 to the writ petition and reminder is dated 6.3.19%, copy Annexure P-4 to the writ petition.