Judgment

VENKATACHALA, J. - Leave granted.

2. Respondent who was in the service of the U.P. Government as an Executive Engineer, Minor Irrigation, Banda, served a notice dated December 19, 1989 on the Secretary, Area Development-2, U. P. Government, Lucknow seeking from the Government, settlement of his outstanding claims by March 31, 1990 and grant of permission to him to retire from service voluntarily from that date. It was stated in that notice that the respondents outstanding claims remaining unsettled by the Government before March 31, 1990 shall be settled before June 30, 1990 and he shall then be allowed to retire voluntarily. However, changing his stance, the respondent wrote a letter dated December 20, 1989 to the selfsame Secretary seeking grant of the Governments permission to retire voluntarily from March 31, 1990 even if his outstanding claims with it were not settled by that date. But, the Government, did not grant permission to the respondent to voluntarily retire from its service with effect from March 31, 1990 as had been sought by him. Instead, the Governor of U.P. purporting to exercise his powers under F.R. 56 of the Financial Hand Book Volume II, Parts II-IV, as