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2021 Supreme(HP) 330

JYOTSNA REWAL DUA
Dr Sanjay Chadha – Appellant
Versus
State Of Himachal Pradesh & Ors. – Respondent


Advocates appeared:
Ranjana Parmar, Advocate, Karan Singh Parmar, Advocate, Anil Jaswal, Advocate

JUDGMENT

Jyotsna Rewal Dua, J. - Petitioner'S request for premature retirement on medical grounds was turned down by the respondents on 03.01.2018 as he had not completed the qualifying service of twenty years at that time. His same request made second time on 27.03.2019, when he was about to complete twenty years, was rejected on 19.06.2019 allegedly due to paucity of staff. Respondents issued show cause notice to the petitioner on 06.01.2021 for his unauthorized absence from duty w.e.f. 18.11.2019. Aggrieved, he filed the instant writ petition, primarily seeking a direction to the respondents to retire him prematurely besides praying for quashing of orders passed by them rejecting his such requests. Petitioner has also prayed for quashing of show cause notice issued to him. During pendency of the petition, the respondents have also issued a charge-sheet to the petitioner for his wilful absence from duty.

2. Facts:-

2(i). Petitioner joined the respondent-Department on 30.06.1999 as Horticulture Development Officer, which is a Class-I post.

2(ii). On 10.09.2017, citing medical problems of his own and that of his aged mother, petitioner requested for premature retirement. His request w

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