THOMAS KERKETTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for a direction on the respondents to take a decision on the petitioner 'srepresentation for his voluntary retirement or to accept the offer of his voluntary retirement. It has been stated (hat the petitioner is an Assistant Teacher in Primary School, Muria of District -Simdega and he had applied for taking voluntary retirement. It has been stated that the petitioner has completed more than 20 years of his qualifying service and is eligible to apply for voluntary retirement. Under some personal circumstances, the petitioner decided to take voluntary retirement and for that purpose he filed a representation before the District Superintendent of Education, Gumla on 19.9.1998, but no order was passed by the said authority. The petitioner made repeated requested and also filed several representations, but till date no order has been passed on his representation. It has been stated that as per the provisions of the policy decision of the Government, if no order is passed after expiry of three months, the offer of voluntary retirement is deemed to be accepted and the employee is deemed to be retired. It has been stated that the respondents are not accepting the petitioner 'sdeemed voluntary retirement and they are not paying the retiral benefits to the petitioner. The respondents have thus neither passed any order accepting the petitioner 'srequest for his Voluntary retirement nor they have accepting the petitioner 'sdeemed retirement under the provisions of the policy decision of the Government.

(2.) LEARNED J.C. to G.P. -IV, on the other hand, submitted that though the instruction was sought for by the respondents twice, no instruction has been received and no counter affidavit could be filed.

(3.) CONSIDERING the submissions made by learned Counsel for the parties, this writ application is disposed of directing the District Superintendent of Education, Simdega (respondent No. 2) to pass a final order on the petitioner 'srepresentation dated 19.9.1998, if the same is still pending before him. The said respondent shall pass a reasoned and clear order as to whether the petitioner has been deemed to be voluntarily retired as per the provisions of the policy decision of the Government dated 27.4.1979 or shall pass any appropriate order in accordance with law within a period of six weeks from the date of receipt/production of a copy of this order.