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A. S. SUPEHIA, MAUNA M. BHATT
STATE OF GUJARAT – Appellant
Versus
NIRANJANA R. PATEL – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. The instant Letters Patent Appeal filed under Clause 15 of the Letters Patent, 1865, is directed against the judgment and order dated 19.07.2023 passed by the learned Single Judge allowing the captioned writ petition filed by the respondent No. 1. The learned Single Judge, while allowing the writ petition, has directed the State authorities to treat the petitioner (present respondent No. 1) as “voluntarily retired” and to grant her all the consequential benefits.
BRIEF FACTS:
2. The respondent No. 1 was appointed as a Tracer in the office of the Executive Engineer, Drainage Division, Surat w.e.f. 02.01.1978 and again she was appointed at Technical Assistant in the same office, Canal Division Surat w.e.f. 21.03.1980. Thereafter, the respondent No. 1 was appointed as Lecturer in the Department of Architecture, Govt. Polytechnic College for Girls, Surat, on 01.01.1982 and thus, the service of the respondent No. 1 as a Lecturer commenced from 01.01.1982.
3. It is the case of the appellant-State authorities that the respondent No. 1 went on unauthorized leave for the purpose of visiting abroad (Canada) and thereafter, she never returned and hence, as per the un
An employee's application for voluntary retirement is effective if not refused, and resignation cannot be accepted retroactively without following proper procedures.
The discretion to seek voluntary retirement lies with the government servant, and the request for voluntary retirement does not require acceptance by the employer. The court emphasized the deemed acc....
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'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....
An employee if has attained the age of 50 years and has spent 20 years of service, he would be entitled to seek voluntary retirement and so consequential benefits
A resignation is invalid if not given with the stipulated notice under applicable rules, especially when submitted under acute mental distress.
The main legal point established in the judgment is that voluntary retirement requested by an employee from a particular date does not take effect unless accepted by the employer. The judgment emphas....
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