JUDGMENT :

(1.) Heard learned Senior Advocate Mr. S.N.Shelat assisted by learned advocate Mr. Shivang Shah for the petitioner, learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondent-State and learned Senior Advocate Mr. Devang Vyas for learned advocate Mr. Siddharth Dave for respondent No.2.

(2.) By this petition under Article 226 of the Constitution of India the petitioner has prayed for the following reliefs:

"A. Your Lordships may be pleased to admit and allow this application;

B. Your Lordships may be pleased to issue a writ of mandamus or in the nature of certiorari or any other appropriate writ, order or direction declaring that the petitioner has voluntary retired from his services with effect from 6.1.2014 and further declaring that initiation of departmental proceedings after voluntary retirement of petitioner w.e.f. 06.01.2014 is non-est and null and void ab initio and further directing the respondent authorities to immediately process and release the consequential retiral benefits accrued in favour of the petitioner after 6.1.2014 and pay the same with 9% interest.

C. Pending admission, hearing and final disposal of the present Special Civil Application Your Lordships may be pleased to direct the respondent authorities to process and release the retiral dues of the petitioner accrued in favour of the petitioner from 6.1.2014 and release the same with 9% interest and further be pleased to stay the purported departmental proceeding initiated, if any, after voluntary retirement of petitioner w.e.f. 6.1.20174 as it is non-est and null and void ab initio.

D. Your Lordships may be pleased to stay such other and further order(s) that may be deemed fit and proper in the facts and circumstances of the case.

(3.) Brief facts of the case are that the petitioner applied for the post of Deputy Engineer pursuant to the advertisement dated 19.02.1992 issued by the respondent No.2-Vice Chancellor of Hemchandracharya North Gujarat University.

3.1 The petitioner was called for the interview by respondent No.2 vide letter dated 08.05.1992 and thereafter, the petitioner was appointed vide appointment order dated 18.06.1992 as Deputy Engineer with respondent No.2-University w.e.f. 22.06.1992.

3.2 The petitioner served a notice for voluntary retirement on 01.10.2013 upon respondent No.2-University on completion of 20 years of qualifying service. In the said letter the petitioner stated that the petitioner would retire voluntarily w.e.f. 06.01.2014. It is the case of the petitioner that respondent No.2-University did not issue any intimation with regard to any order rejecting or accepting the voluntary retirement of the petitioner and therefore, as per Rule 48 of the Gujarat Civil Service (Pension)Rules, 2002 (for short 'Rules, 2002), the petitioner is deemed to have retired on 06.01.2014 on expiry of the three months' notice period.

3.3 Respondent-University, however, issued a charge-sheet dated 04.09.2015 levelling various charges against the petitioner after a period of 21 months from the date of voluntary retirement.

3.4 The petitioner filed a detailed reply dated 14.10.2015 and denied all the charges levelled against him and also contended that no charge-sheet can be issued to a retired employee after his date of retirement without fulfilling the condition precedent as per Rule 24 of the Rules,2002. It is the case of the petitioner that in view of the above facts as the petitioner has retired voluntarily w.e.f. 06.01.2014, the respondent-authorities are required to process the retirement dues and benefits payable to the petitioner and issuance of charge-sheet and other disciplinary proceedings would be non-est and void as they are initiated after the petitioner has retired from service on 06.01.2014.

(4.) Learned Senior Advocate Mr. S.N.Shelat for the petitioner referred to the University Non-teaching Staff Conditions of Service (Conduct and Discipline) Ordinance, 1986 (for short 'the Ordinance,1986') and submitted that, O