TULSIRAM SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against the order An-nexure-3 passed by the Chief Engineer, Public Works Department, Govt. of Rajasthan, Jaipur whereby the petitioner has been ordered to be voluntarily retired from service with effect from the date, he is relieved from his duty. In pursuance of this order Annexure-3, the petitioner has been relieved from duty with effect from 31. 5. 1986 vide order Annexure-5 dated 31. 5. 1986 passed by the Executive Engineer, Public Works Department, Doongarpur.

(2.) THE contention of the petitioner is that he sought voluntary retirement initially vide his application dated 22. 10. 1983 with effect from 1. 5. 1984 on account of certain family circumstances but when no acceptance of his voluntary retirement was received upto 1. 5. 1984, he continued the service. THEreafter, he moved one more application in the month of May 1985 for being granted voluntary retirement with effect from 15. 7. 1985 but when that too was not accepted in time, he continued in service but all of a sudden, on 4. 4. 1986, an order came from the Chief Engineer that he has been voluntarily retired from service with effect from the date, he is relieved from his duty. According to the petitioner, this was no at all an acceptance of his proposal but it was a fresh proposal and therefore, by rejecting this fresh proposal, he submitted a counter proposal that if they want to retire him voluntarily then they should do so with effect from 31. 3. 1987 when he completes 28 years of his service. His counter proposal was not accepted and he was retired voluntarily from service with effect from 31. 5. 1986.

(3.) A rejoinder to the reply has been filed in which almost same grounds have been asserted and reiterated which have been taken in the writ petition.