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2021 Supreme(All) 160

SUNITA AGARWAL
Devendra Kumar Garg – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Anwar Hussain

JUDGMENT

1. Heard learned counsel for the parties and perused the records.

2. By means of the present writ petition, the petitioner seeks to challenge the order dated 04.08.2020 whereby the Sub Divisional Officer, Goverdhan Mathura had refused to accept the notice dated 26.08.2019 given by him expressing his desire to voluntary retire from service. The representation dated 07.05.2020 moved by the petitioner seeking compliance of the order dated 05.03.2020 in Writ Petition No.3584 of 2020 has, thus, been rejected.

3. The petitioner gave a notice dated 26.08.2019, seeking to retire voluntarily from service. The reasons given therein was that the petitioner's wife had died much earlier and he needed to retire to discharge his family responsibility. It was also stated that the petitioner had completed 20 years of qualifying service and was aged above 45 years. As per the Fundamental Rules 56 (c) of the U.P. Fundamental Rules in Financial Hand Book (Vol. II, Part II to IV), (in short as the Fundamental Rules) his notice may be accepted and he be allowed to voluntarily retire.

4. When no decision was taken, a Writ Petition No. 3584 of 2020 was filed by the petitioner stating therein that

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