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P. B. BAJANTHRI, HARISH KUMAR
Kanhaiya Singh, S/o Late Ram Ayodhya Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
HARISH KUMAR, J.
Heard Mr. Ashok Kumar Choudhary, learned senior counsel, duly assisted by Mr. Rajeev Kumar Singh and Mr. Akshansh Ankit, learned counsel for the writ petitioner-appellant. The State is represented by Mr. S.D. Yadav, learned AAG-9.
2. The challenge in the present Letters Patent Appeal is to an order dated 31.07.2019 passed by the learned Single Judge in C.W.J.C. No. 20149 of 2018.
3. The sole ground for challenge made in the present appeal as canvassed by the learned senior counsel is that while passing the order under appeal, the learned Single Judge failed to appreciate the fact that on the date of application for “Voluntary Retirement” submitted on behalf of the writ petitioner-appellant on 03.07.2010, there was no impediment to grant the benefit under V.R.S., as the writ petitioner-appellant had completed 22 years of service and had already attained the age of 50 years and he was not under suspension, hence in view of the settled proposition of law as per Rule 74(b) of the Bihar Service Code prescribing the provision of voluntary retirement by way of three months notice is automatic and the appellant cannot be denied the privilege of voluntary retirement.
A government servant's qualifying service includes periods of unauthorized absence unless a disciplinary proceeding is initiated. The voluntary retirement request must be accepted if not explicitly r....
A government servant has an absolute right to voluntarily retire after completing 30 years of service under Rule 48 of the CCS (Pension) Rules, 1972, provided they are not under suspension, and the e....
Point of law: if the application for voluntary retirement would have been accepted by the appointing authority on the subsequent representation moved by the petitioner, he would have retired from ser....
Voluntary retirement requires explicit acceptance from the appointing authority and cannot be deemed effective solely based on a lack of response.
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