DEEPAK SHAH Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The instant appeal is directed against the order dated 19.08.2015 passed by the learned Single Bench to the extent that while treating the petitioner therein to be voluntarily retired w.e.f. 28.02.2010 along with all consequential benefits, the interest for the period from 28.02.2010 till the date of decision i.e. 19.08.2015 has not been granted to the petitioner.

(2.) The appellant was working as Executive Engineer in the Department of Water Resources. He sought voluntary retirement w.e.f. 01.09.2009 which was declined vide communication dated 28.08.2009. His request for voluntary retirement was once again denied vide communication dated 26.04.2010. These orders were challenged by the appellant by preferring the aforementioned writ petition.

(3.) Learned counsel for the appellant has submitted that as the appellant has been treated to have voluntarily retired w.e.f. 28.02.2010 along with all consequential benefits, it was incumbent upon the learned Single Bench to have granted interest for the period of five years from the date of voluntary retirement till the decision of the writ petition.