provisions contained in Rule 75 of the said Service Rules held that though Note-1 of Rule 75(aaa) provides for the purpose of computation of three months, the date of service of the notice and the date of expiry shall be excluded, but Note-3, which is a most important and relevant part of the said Rules, is not contrived in operation to sub-rule (aaa) of Rule 75 of the said Service Rules. Note-3 bestowed power upon the appointing authority to take a decision and form the opinion whether it is necessary to retire a Government employee in pursuance of the aforesaid Rule. The Bench also considered the earlier Supreme Court decision rendered in case of State of U.P. vs. Achal Singh , reported in (2018) 17 SCC 578 , where it is held that the concept of the public interest can also be invoked by the Government when a voluntary retirement is sought by an employee and in the opinion it would be against the public interest, the said provision cannot be said to be violative of any of such rights and, therefore, the order of the Division Bench, more particularly, the order of review was set aside and the respondent therein was directed to immediately revert back to duty within the stipulated time.
