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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SUBHASH CHAND
State of Jharkhand – Appellant
Versus
Ravi Choudhary, S/o. Late Kameshwar Prasad Singh – Respondent
| Table of Content |
|---|
| 1. petitioner's service and retirement application background. (Para 3 , 4 , 5 , 7) |
| 2. arguments for state's position against respondent's retirement. (Para 9 , 10) |
| 3. court's analysis of statutory language regarding qualifying service. (Para 14 , 19 , 21 , 22 , 25 , 28 , 32) |
| 4. conclusion on the legal significance of the retirement request. (Para 38 , 44) |
| 5. final court ruling on the appeal. (Para 58) |
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer
1. The instant appeal preferred under Clause-10 of Letters Patent is directed against the order dated 30.06.2020 passed by the learned Single Judge of this Court in W.P.(S) No.516 of 2015, whereby and whereunder, the writ petition has been allowed by quashing the order dated 24.01.2019 as contained in letter no.562(S), by which, the authority has rejected the prayer for separation from service on voluntary retirement.
Facts
2. The brief facts of the case, as per the pleading made in the memo of appeal, required to be enumerated, are as hereunder:
3. It is the case of the writ petitioner that he was joined the service in the erstwhile State of Bihar vide notification No.2199 dated 16.6.1987 on the post of Assistant Engineer in Bihar Engi
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....
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....
When the petitioner was not eligible to submit a notice to retire under Rule 48-A, rejection was beyond the period of three months and the petitioner is deemed to have retired is unsustainable.
A government servant must complete 20 years of qualifying service under Rule 48-A of the Pension Rules to be eligible for voluntary retirement, with unauthorized leaves excluded from service calculat....
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....
The main legal point established in the judgment is the requirement for a thorough examination of an employee's service history and qualifying service when considering a voluntary retirement scheme a....
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