P K RANJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 28-2-2003, whereby the prayer made by the petitioner for retirement under Rule 74 (wrongly stated as V.R.S.) has been accepted.

(2.) Short facts giving rise to the present application are that the petitioner at the relevant time was working as Textile Inspector and had filed application for grant of Earned Leave till 16-11-2002. He stated that on account of death of his mother he is not in a position to join on 17-11-2002 and accordingly prayed for grant of Earned Leave from 17-11-2002 to 30-11-2002. He went to the extent of saying that in case the aforesaid prayer is declined, his case for voluntary retirement may be considered. Respondent-Bihar State Export Corporation Ltd., hereinafter referred to as the Corporation, by letter dated 19/20th December, 2002 (Annexure-7) informed to the petitioner that his prayer for grant of Leave shall be considered after he joins the Bhagalpur Branch Office within three days from the date of issuance of the letter. The petitioner was further informed that in case he fails to join within the stipulated time, the Corporation shall consider his request for 'SWACHEEK SEVA NEVRITI' with immediate effect. The petitioner did not join and wrote to the respondent-Corporation on 6-2-2003 that as he did not join within the stipulated time as mentioned in the aforesaid letter, it is assumed and presumed that his V.R.S. has been accepted and in the aforesaid premises requested to clear all legitimate dues.

(3.) It is the stand of the petitioner that on 15-2-2003 (Annexure-11) he withdrew the application filed for seeking voluntary retirement. His grievance is that notwithstanding the same by the impugned order dated 28-2-2003 (Annexure-12) his voluntary retirement has been accepted.