MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appellant is in service of the State of Rajasthan and had given a notice in writing to the appointing authority to seek voluntary retirement from service w. e. f. 30. 04. 1997. Notice was given on 4th Nov. 1996. Before the date with effect from which the retirement was to be effected as per notice he withdrew his notice by communication dated 23. 04. 1997.

(3.) THE perusal of the aforesaid provision makes it clear that a Government servant who has completed 20 years of qualifying service or who has attained the age of 45 years and desires to seek voluntary retirement, he is required to serve a notice of at least 3 month before the intended date of voluntarily retirement but it is also open for the incumbent to chose any other date after expiry of 3 months of notice, for the effective date of seeking retirement which is indicative of the fact that a voluntarily retirement notice does not become effective on the expiry of 3 months but it become effective with effect from the date given in the notice which shall not be less than three months before the date of notice, so also acceptance of such request is not a necessary concomitant of voluntary retirement. Power of the Government is couched in negative. It has power to withhold permission only in the conditions envisaged in proviso. Else such permission does not require any positive act. Clause (b) makes it clear that on the part of the Government no acceptance or communication of such acceptance is required to make the notice of retirement effective with effect from the date mentioned in the notice, but such permission is presumed unless decision contrary to that has been communicated before the intended date of retirement. It is clear from the fact that in case no order in writing to the contrary is issued by the competent authority and is served on the incumbent before the date given in the notice, or if no date is given in notice on expiry of three months retirement becomes effective in terms of the notice automatically. THErefore, the scheme of the Rule is clear that ordinarily the retirement as a result of notice u/sec. 244 (1) becomes effective only w. e. f. the date as stated in the notice which in no case be 3 months before the date of notice or in case no such date is given in the notice, no expiry of three months from the notice only, whether permission/ acceptance is conveyed or not. No power is vested in the State to prepone the effective date of retirement, by conveying its acceptance earlier, but its power is only restricted to stall the intended retirement by taking positive act of conveying its decision to refuse to accept the representation of voluntary retirement that too only in the contingencies as envisaged in proviso. Else acceptance is presumed in favour of the retirement unless any notice contrary is conveyed to the incumbent prior to the expiry of period of notice.