Point of Law: When the petitioner was not eligible to submit a notice to retire under Rule 48-A, rejection was beyond the period of three months and the petitioner is deemed to have retired is unsustainable.

JUDGMENT :

V. KAMESWAR RAO, J

1. The instant Writ Petition has been filed with the following prayers:-

“It is, therefore, most respectfully prayed that this Hon'ble may be pleased to issue a Writ in the nature of QUO WARRANTO against the Respondent for quashing the letters dated 6 January 2021 and 4 December 2020 by which the respondent has illegally rejected the Petitioner's application for voluntary retirement under Rule 48A of the CCS (Pension) Rules, 1972 and to further issue a writ in the nature of Mandamus thereby commanding the respondent to grant voluntary retirement to the petitioner and release all pensionary benefits of the petitioner in the light of the facts and grounds stated hereinabove.

Any other order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also passed in favour of the Petitioner and against the Respondents.”

2. The petitioner joined the post of Lower Division Clerk at the District and Sessions Judge (Headquarters), Tis Hazari Courts, Delhi on February 29, 2000. He was subsequently promoted to the post of Reader/Judicial Assistant. From the years 2000 to 2009, the petitioner was posted at Tis Hazari District Court. From 2009 till February 13, 2018, the petitioner was posted at Rohini District Courts. On February 02, 2019, he was transferred from Rohini Courts to Record Room (Civil), Dwarka Courts and was thereafter on April 15, 2019 posted as a Reader in the Court of Ms. Manisha Tripathy, Metropolitan Magistrate, Mahila Court-04, SW District, Dwarka Courts.

3. It is the case of the petitioner that in 2018, he was diagnosed with Lumbar Spondylosis, a type of lower back pain caused by excessive degeneration of the lower spine. On July 29, 2019, the petitioner sent a representation seeking transfer to Rohini Courts, since his medical condition would not allow him to continue with the long hours of travel from his residence at Rohini to the Dwarka Courts. Between July 2019 and March 2020, the petitioner was forced to take several leaves on account of his medical condition and his inability to travel.

4. It is stated by Mr. Sambit Nanda, learned counsel appearing on behalf of the petitioner, that owing to the respondent’s refusal to allow the request of the petitioner to transfer him back to Rohini Courts due to his medical condition, the petitioner was constrained to send a representation/notice to the respondent on August 05, 2020 under Rule 48-A of the Central Civil Services (Pension) Rules, 1972 (‘Pension Rules’, hereinafter) requesting the respondent to allow him to take voluntary retirement from service. It is stated that the petitioner had completed twenty years of continuous service as required under Rule 48-A in March 2020, as his date of joining was February 29, 2000.

5. On September 28, 2020, the respondent forwarded the petitioner's Notice for voluntary retirement (‘Notice’, hereinafter’) to its Accounts Branch, General/Vigilance Branch, Leave Section, Library Branch and Computer Branch, seeking a report regarding dues or inquiry, if any, pending against the petitioner. A letter was also sent to the petitioner, with a direction to surrender his official Identity Card as well as his Medical Card. The petitioner, on November 11, 2020, submitted a Relieving Report to the Respondent stating that he was retiring from service as on November 11, 2020, and further requested the respondent to release all his retirement benefits and pensionary dues on an urgent basis in accordance with the Rules. In addition to the said letter, the petitioner also surrendered his original medical facility card and original official ID card along with two covering letters.

6. It is contended by Mr. Nanda that since the respondent did not refuse permission for voluntary retirement within three months of the Notice dated August 05, 2020, the petitioner's retirement became e