DHANANJAY SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) .Heard the parties.

(2.) IT is admitted to the parties that the petitioner who had been working as a clerk in the respondents Department filed an application for seeking voluntary retirement vide application dated 13.12.2001 and it was addressed to the Regional Director of the respondents Department which was forwarded by the Department of the respondents to the appointing authority. The said application contained the communication that the petitioner entails to seek voluntary retirement with effect from 31st March, 2002 after three months of the notice. It is also admitted that no communication for the rejection of the said request was received by the petitioner within stipulated period. On 16.5.2002, a communication was received by the petitioner by which his application seeking voluntary retirement was rejected and he was asked to join his duties and he preferred the writ petition. During the pendency of the writ petition, he was suspended and the departmental proceedings were initiated against him and punishment was awarded.

(3.) THE Circular dated 27.4.1979 which has been issued by the Government under/ appended to Rule 74 of the Pension Rules which reads as follows: - 1. A Government servant whose qualifying service is not less than 20 years can take retirement by giving three months prior notice to the competent appointing authority.