STATE OF JHARKHAND & ANR. Vs. DHANANJAY SHARMA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appellant State is aggrieved against the order dated 11.2.2011 passed in W.P (S) No.4837/2002, by which the writ petition of the petitioner respondent has been allowed, quashing the order of rejection of the prayer for voluntary retirement made by the writ petitioner, vide communication dated 16.5.2002 and of direction to the writ petitioner to join the duties again.

(3.) The brief facts of the case are that the writ petitioner was an appointee of 14.4.1980 and after completion of 21 years 11 months of service, he submitted an application seeking permission to take voluntary retirement and this application was dated 13.12.2001. The petitioner's said application/notice seeking permission to take voluntary retirement was duly recommended by the then Regional Director to the Secretary to the Government on 17.2.2002. On 16.3.2002, the Joint Secretary gave a letter to the petitioner to furnish requisite information that he has completed requisite period of service. The petitioner responded to the letter of the Joint Secretary dated 16.3.2002 by filing reply on 20.3.2002. On 28.3.2002 the Regional Director gave his no objection for grant of voluntary retirement of the writ petitioner. According to the writ petitioner, as his application was not rejected and the period of 90 days passed, by virtue of 2 nd clause of clause 7 of the Scheme framed to give effect to the provisions of Rule 74(b) of the Jharkhand Service Code, 2001, the petitioner, after expiry of the period of three months from the date of his application, stands retired and the respondent Department treated the petitioner to be retired and therefore, gave a letter on 17.4.2002 to the petitioner to hand over the charge to other employee. However, by communication dated 16.5.2002, the petitioner was informed that his prayer for voluntary retirement has been rejected and therefore, he should join the duties.