ARUN GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner, in this writ petition, prays for quashing the Notification as contained in Memo No.509 dtd. 7/5/2014 (Annexure 5), whereby it has been notified that the petitioner's application for voluntary retirement has been accepted and he stands voluntarily retired from service from the date of issuance of the notification. Further, by way of amendment, prayer has been made to quash memo No. 873 dtd. 4/8/2014 (Annexure 11 to the writ petition), by which petitioner's request for withdrawal of his application for voluntary retirement has been rejected.

(2.) The facts lie in a very narrow compass. Petitioner was appointed as a Medical Officer on the basis of recommendation of Bihar Public Service Commission. He was posted in Muzaffarpur vide Notification dtd. 9/2/1998. After bifurcation of the State of Jharkhand, petitioner was allotted Jharkhand Cadre. The petitioner, on 15/1/2013, applied for voluntary retirement, which was forwarded by the Deputy Superintendent, Sub Divisional Officer, Madhupur. His request for voluntary retirement was kept pending as no information was given to him on his application. Again on 7/9/2013, petitioner made another request to grant approval for his voluntary retirement.

(3.) Counsel for the petitioner submitted that the petitioner has withdrawn his application for voluntary retirement prior to the impugned notification dtd. 7/5/2014, thus, in view of the well settled principle of law, his application seeking voluntary retirement should have been treated as withdrawn. The respondents, ignoring the principle of law, has passed the impugned order, which needs to be set aside.