Bhupendra Atmaramdas Patel – Appellant
Versus
State Of Gujarat – Respondent
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:
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 Y
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....
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....
The right to voluntarily retire under Rule 56(k) is deemed accepted if no communication is made to withhold permission before the notice period expires.
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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