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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Rajesh Thakur – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Jyotsna Rewal Dua , J
The case
Petitioner’s grievance is to the order dated04.11.2024 passed by respondent No.2 whereby his application for voluntary/premature retirement has been accepted. Petitioner’s contention is that his application for voluntary/premature retirement had already been considered and rejected by respondent No.2 earlier. Once that was done, his application was not available for further consideration. He had also not made any further request for reconsideration ofhis application as his circumstances had changed in the interregnum. Therefore, respondent’s subsequent action by considering his already rejected application without even taking him into confidence and retiring him prematurely is an absolutely illegal, arbitrary and unconstitutional act, hence the petition.
2. Facts
2(i) Petitioner participated in a selection process undertaken by the H.P. Subordinate Services Selection Board for appointment to the post of Steno-typist (on contract basis). He emerged successful and was appointed as such on 28.01.2013. He was directed to join the office of respondent No.3. Petitioner worked there till 2015. On 27.11.2015, petitioner was transferred to the office of
The acceptance of a previously rejected application for voluntary retirement without following due process and principles of natural justice is illegal.
The main legal point established in the judgment is the eligibility for premature retirement under Rule 3(2) of the Himachal Pradesh Services (Premature Retirement) Rules, 1976, and the interpretatio....
Premature retirement must adhere to procedural guidelines, ensuring proper review of employee performance and status without overlooking established age thresholds and adverse record considerations.
Premature retirement must not substitute for disciplinary action and should be based on clear evidence of public interest, not unsupported allegations.
The discretion to accept or reject voluntary retirement applications must be exercised judiciously, considering the employee's circumstances and not arbitrarily.
Premature retirement of a government employee must adhere to mandated procedures, requiring review prior to age limits and consideration of service record, highlighting the need for clear evidence ag....
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