Petitioner sought voluntary retirement but was notified that it was disallowed due to pending disciplinary proceedings. He unilaterally relieved himself from service; the court dismissed the writ petition staying his retirement claim.
Petitioner's application for direction to treat him as retired voluntarily is dismissed.
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S.B.CIVIL WRIT PETITION NO.3066/1996
Reoti Prasad v. State of Rajasthan & Anr.
Date of Order :: 3rd March, 2009
HON'BLE MR.JUSTICE GOVIND MATHUR
Mr. M.S.Singhvi ] Mr. Vineet Dave ] for the petitioner. Mr. B.S.Bhati ] Mr. Y.P.Khileree] for the respondent.
The petitioner while working at Upgraded Primary Public Health Centre, Abu Road, as Junior Specialist (Surgery), submitted a letter dated 11.6.1996 to the Chief Medical & Health Officer, Sirohi to get his service record and service book completed as he was intending to seek voluntary retirement from service. The Deputy Secretary to the Government of Rajasthan, Jaipur by a letter dated 17.7.1996 informed the petitioner that grant of voluntary retirement from service shall not be possible as a disciplinary proceeding was under contemplation against him. Relevant to note here that as a matter of fact no request upto 17.7.1996 was made by the petitioner seeking voluntary retirement from service, however, it appears that the respondents considered the letter dated 11.6.1996 as a request made by the petitioner to go on retirement
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voluntarily. As per the petitioner the then Minister of State for Medical & Health visited Upgraded Primary Public Health Centre, Abu Road on 20.6.1996 and made an open announcement for transfer of the petitioner. The petitioner accordingly submitted a representation to the Minister concerned pointing out that on 20.6.1996 he was on leave and as such whatever reason there was to provoke the Minister to make an open announcement regarding transfer was unwarranted. On the same day the petitioner also moved an application seeking voluntary retirement from service w.e.f. 31.10.1996 which was forwarded to the Director, Family Welfare on 3.7.1996. Though the application of the petitioner relating to voluntary retirement from service was pending consideration, he was transferred from Abu Road to Makrana under an order dated 26.6.1996. A challenge was given to the order of transfer by way of filing SBCivil Writ Petition No.2155/1996, wherein by an order dated 23.7.1996 this Court stayed the transfer. The Deputy Secretary to the Government of Rajasthan, Department of Medical & Health Services then passed an order dated 31.8.1996/6.9.1996 keeping the petitioner awaiting posting orders, however, this Court in SBCivil Writ Petition No.3066/1996 stayed effect and operation of the order aforesaid too. Despite interim orders referred above an another order dated 20.9.1996 was passed by the Government of Rajasthan transferring the petitioner to Sadulpur, District Churu. By way of
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filing SBCivil Writ Petition No.3500/1996, the petitioner also assailed validity of the order dated 20.9.1996 and therein the order aforesaid too was stayed.
With the facts surrounding as above, the petitioner on 31.10.1996, by considering himself incharge of the Upgraded Primary Public Health Centre, Abu Road, passed an order dated 31.10.1996 relieving himself from service voluntarily, however, the Chief Medical & Health Officer, Sirohi cancelled the order dated 31.10.1996. Accordingly the petitioner joined back the duties with protest on 9.11.1996.
By this petition for writ, a direction is sought for the respondents to treat the petitioner retired voluntarily w.e.f. 31.10.1996.
The contention of counsel for the petitioner is that he submitted an application seeking voluntary retirement from service on 26.6.1996 w.e.f. 31.10.1996 and that was never considered, responded or rejected by the competent authority and as such in view of the provisions of Rule 244(1) of the Rajasthan Service Rules, 1951, he stood retired voluntarily w.e.f. 31.10.1996.
I do not find any merit in the argument so advanced.
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True it is, that the petitioner at the first instance submitted a notice seeking voluntary retirement from service on 26.6.1996 but he conveyed his intention for availing voluntary retirement from service and in pursuant thereof the Government of Rajasthan by letter dated 17.7.1996 informed him that due to disciplinary action under contemplation, the request of the petitioner for getting voluntarily retired from service was not accessible. The petitioner as such prior to 31.10.1996 was knowing it well that a decision has already been taken by the respondents for not retiring him voluntarily.
The petitioner, in the factual background above, wrongly got himself relieved from service on 31.10.1996 by considering himself retired voluntarily from service.
In view of the position above, this petition for writ is dismissed.
( GOVIND MATHUR ),J.
kkm/ps.
1 issue framed by the court
Whether a government employee who submits a retirement application but receives notice that such retirement is disallowed can unilaterally treat themselves as retired.
Reoti Prasad
State of Rajasthan
Govind Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
