ABDUL JABBAR MIR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner is aggrieved of and has challenged Academy Order No.06 of 2021 dtd. 26/8/2021 in terms whereof the petitioner, an accountant in Jammu and Kashmir Academy of Art, Culture and Languages (JKAACL) was relieved from the service of the Academy with immediate effect on provisional pension with payment of leave salary. The payment of gratuity of the petitioner was, however, kept on hold till conclusion of the departmental proceedings/enquiry, which the JKAACL contemplated to initiate against him separately.

(2.) Before adverting to the grounds of challenge pleaded and urged by the petitioner to assail the Academy Order No.06 of 2021 dtd. 26/8/2021 [" impugned order"], it is necessary to set out few material facts. The petitioner, an accountant, serving in the Divisional Office of the JKAACL at Srinagar submitted an application on 24/9/2018 for voluntary retirement w.e.f. 30/4/2019. The request of the petitioner for voluntary retirement was processed by the JKAACL at different levels. Vigilance clearance was obtained by the JKAACL from the concerned quarter and the process was completed in February, 2019. While the competent authority in the JKAACL was yet to take a final decision on the request of the petitioner for voluntary retirement from service w.e.f. 30/4/2019, the intended date of retirement was over. The petitioner made another application to JKAACL for giving effect to his voluntary retirement from 31/7/2019. The petitioner did not stop here and taking the benefit of inaction on part of the JKAACL to pass final orders on his two requests made earlier, the petitioner renewed his request by way of 3rd application submitted on 19/11/2019 seeking his voluntary retirement from service w.e.f. 29/2/2020.

(3.) As is apparent from the documents on record, no formal order of acceptance or refusal of the request of the petitioner for voluntary retirement was made by the competent authority in JKAACL. The petitioner continued in service. It was only when the Secretary of JKAACL suddenly found that the petitioner as per his request stood voluntarily retired automatically w.e.f. 30/4/2019 and had, thus, overstayed in service beyond the said date. He contemplated an enquiry against the petitioner for his unauthorized overstay in service and by way of impugned order relieved the petitioner from the service of JKAACL with immediate effect on provisional pension with payment of leave salary. It is this order, which the petitioner has called in question in the instant petition.