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2017 Supreme(All) 2779

PANKAJ MITHAL, IRSHAD ALI
Om Prakash Tewari – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioners: Manoj Kumar Singh

JUDGMENT :

1. Heard Sri Manoj Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. The petitioner has preferred this writ petition challenging the order dated 29th August, 2017, passed by the Joint Secretary, Government of Uttar Pradesh, refusing voluntary retirement to the petitioner on the ground that there is a great shortage of doctors in the department.

3. Learned Standing Counsel was given time on the last occasion to seek instructions. On the basis of instructions received by her vide letter dated 06th November, 2017, she informs that it is solely on the ground of shortage of doctors and it has not been found fit to permit voluntary retirement to the petitioner.

4. Rule 56 (c) & (d) of the Financial Hand Book, an inter alia, provides that a government servant may, by notice of three months to the appointing authority, voluntarily retire at any time after attaining the age of 40 years of he has completed qualifying service for twenty years and it shall be open to the appointing authority to allow the government servant to retire without any notice or by giving a notice of shorter period.

5. For the sake of convenience, the aforesaid

















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