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MANOJ MISRA, VIKAS BUDHWAR
Archana Paliwal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Jai Prakash Prasad for the appellant and the learned Standing Counsel for the respondents.
2. This intra court appeal is against the judgment and order of the learned Single Judge dated 09.11.2021 passed in Writ-A No. 20146 of 2019 whereby the writ petition of the appellant seeking quashment of the order accepting the prayer of the writ petitioner for voluntary retirement from service with effect from 30.06.2018 and a direction upon the opposite party to decide petitioner's representation for cancellation of the acceptance order, has been dismissed.
3. The facts of the case have been succinctly narrated in paragraph 2 of the impugned judgment therefore instead of restating those facts we deem it appropriate to reproduce the said paragraph below:-
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....
Point of Law : Rule 48-A of CCS (Pension) Rules is extracted retirement on completion of 20 years' qualifying service.
The discretion to seek voluntary retirement lies with the government servant, and the request for voluntary retirement does not require acceptance by the employer. The court emphasized the deemed acc....
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....
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