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2019 Supreme(Gau) 206

HITESH KUMAR SARMA
Tai Nikio – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :I. Choudhury, K. Lollen and S. Biswakarma, Advocates
For the Respondent: K. Ete, Addl. A.G.

JUDGMENT :

HITESH KUMAR SARMA, J.

1. By this writ petition, under Article 226 of the Constitution of India, the petitioner has sought for a declaration that he has voluntarily retired from his service w.e.f. 31.08.2018 as well as a direction to the respondent authorities to release him from service w.e.f. 01.09.2018 with all retirement benefits.

2. The fact, in a narrow campus, is that the petitioner joined as Junior Engineer in the Public Works Department, Arunachal Pradesh, (in short P.W.D.) in the year 1991 and has completed 27 (twenty seven) years of service in the department. On temporary promotion, the petitioner was serving as Executive Engineer immediately before filing of this writ petition. Being desirous of contesting the Legislative Assembly Election-2019, he decided to voluntarily retire from service and exercised his right under Rule 48-A of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as the CCS (Pension) Rules) and submitted an application, dated 30.04.2018, giving notice of voluntary retirement with a prayer that such voluntary retirement be made effective from 31.08.2018. The said notice has been annexed with the petition as Anexure-1. Th































































































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