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HARISH TANDON, PRASENJIT BISWAS
State of West Bengal – Appellant
Versus
Madhab Sarkar – Respondent
JUDGMENT
The State has filed the instant writ petition challenging an order of the West Bengal Administrative Tribunal dated 25th November 2019 in OA 942 of 2018 whereby and whereunder the order of the Additional Chief Secretary, Department of Health and Family Welfare, Government of West Bengal was quashed and set aside and a direction was passed upon the authority to pass a necessary order granting voluntary retirement to the respondent.
The undisputed facts emerged from the pleading of the respective parties are that the respondent was born on 21st August 1959 and completed fifty years of age and rendered more than twenty years of his service in the year 2008. By virtue of the provisions contained in Rule 75(aa) and 75(aaa) of the West Bengal Service Rules, Part-1, an application was taken out for voluntary retirement. The Additional Chief Secretary, Department of Health and Family Welfare, rejected the said application on the premise that such prayer for voluntary retirement cannot be acceded to on the larger public interest.
Such being the salient fact involved in the instant matter, the Tribunal manifestly proceeded on the basis that once the conditions enshrined in the enabling
The central legal point established in the judgment is that the appointing authority has the power to decline voluntary retirement on public interest grounds under Note-3 of Rule 75(aaa) of the West ....
The main legal point established in the judgment is that the right to apply for voluntary retirement must be exercised prior to the coming into effect of the new subrule 75 (aaaa) and that the State ....
The discretion to accept or reject voluntary retirement applications must be exercised judiciously, considering the employee's circumstances and not arbitrarily.
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 : Principle of liberty and its curtailment, the law must be just, fair and reasonable can also not be accepted as the Fundamental Rules are statutory rules and have been made by the Gove....
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