LPA treating resignation as voluntary retirement based on age-50 relaxation clause, extending service and monetary benefits; Single Judge's order set aside and appeal disposed of.
Resignation converted to voluntary retirement; appellant extended all service and monetary benefits as on date of acceptance of resignation.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.187 of 2021
In
Civil Writ Jurisdiction Case No.5551 of 2017
======================================================
Amrendra Singh Son of Late Chandeshwar Prasad Singh resident of Ram Krishna Prasad Path, Kadamkuan, Patna.
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Rajesh Kumar Singh, Sr. Adv. : Mr. R. N. Singh, Sr. Adv. : Ms. Akrity Aishwarya, Adv. : Mr. Rohit Kumar, Adv. Mr. Kundan, Adv. For the Respondent/s : Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
4 13-12-2024 Learned counsels for the respective parties on instructions submitted that the present L.P.A. is covered by the earlier decision passed in L.P.A. No. 199 of 2021. The state counsel on instruction submitted that there is a slight material difference to the extent that in the present case appellant has not completed 20 years, however, there is a provision for relaxation
Patna High Court L.P.A No.187 of 2021(4) dt.13-12-2024 2/2
insofar as taking note of the fact that he has attained the age of 50 years so as to seek voluntary retirement. The same is taken note of. The concerned authorities are hereby directed to take note of the relevant provision in view of the aforementioned clause relating to 50 years of age, in that event, employee/government servant can seek voluntary retirement. This principle is applicable to the case in hand.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
prabhakar/-
U
1 issue framed by the court
Whether resignation tendered by an employee with over 50 years of age but under 20 years' service can be converted to voluntary retirement with corresponding benefits?
Amrendra Singh
The State of Bihar through the Principal Secretary, Road Construction Department, Government of Bihar, Patna
The Principal Secretary, Road Construction Department, Government of Bihar, Patna
The Principal Secretary, Department of Finance, Government of Bihar, Patna
National Highways Authority of India through its Deputy General Manager (HR/Admn.-11)
P. B. Bajanthri
S. B. Pd. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
