SURINDER SINGH Vs. STATE

JUDGEMENT

(1.) This civil writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing order Annexure P-6 dated 5th September, 2008. Vide order Annexure P-6, the petitioner has been conveyed that his request for pre-mature retirement had not been accepted.

(2.) It has been pleaded that the petitioner was selected and appointed as a Clerk,--vide order dated 4th March, 1983. The petitioner has been working without break and has a clean service record. After completion of 20 years of continuous service, on account of personal reasons and circumstances, the petitioner made a request for pre-mature retirement,-- vide communication Annexure P-4 dated 19th May, 2008. The communication reads as under: --

(3.) Learned Counsel contends that, in case, before the stipulated date in the request for pre-mature retirement, if the permission is not refused, it has to be construed as having been allowed. The impugned order Annexure P-6 has been passed on 5th September, 2008 i.e. after the date given by the petitioner in the notice i.e. 31st August, 2008 and, therefore, is illegal and in violation of the statutory provision.