SHRIGOPAL SHARMA (DIED) Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) - Shrigopal Sharma who retired from the post of Administrative Officer through present petition filed by him under Art. 226 of the Constitution of India seeks issuance of writ in the nature of mandamus directing the respondent to hold him entitled to leave preparatory to retirement for 180 days on full party as per note 3 below Rule 8.116(iii) of the Punjab Civil Services Rules, Volume I, Part 1.

(2.) Brief facts of the case reveal that the petitioner was appointed as Clerk with effect from 23.12.1947. Vide his request made on that behalf, he applied for premature retirement on 19.11.1979. He was permitted to prematurely retire with effect from 31.12.1980. As per age, he was otherwise to superannature on 23.9.1983. Rules 8.116(iii) with all its notes read thus:-

(3.) It could not be disputed during the course of arguments by the learned Counsel representing the State that under note 3 of Rule 8.116, the petitioner is entitled to the relief asked for in the petition but inasmuch as vide instructions Annexure R.1. dated 25.1.1978, attached to the written statement, the petitioner shall not be entitled to the relief asked for by him as such a relief could be granted only at the time when the petitioner was to superannuate from service.