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2012 Supreme(MP) 1140

K.K.TRIVEDI
S. S. Nafde – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For petitioner: Avinash Zargar , Girish Prakash Kekre
For respondents:Samdarshi Tiwari, Government Advocate

JUDGMENT :

By this petition under Article 226 of the Constitution of India, the petitioner has called in question the action of respondents of recovering certain amount from the retiral dues of the petitioner, as is indicated in the Pension Payment Order dated 28-2-2001. It is contended that the petitioner was serving on the post of Deputy Chief Medical Officer at Kurai, District Seoni, when he gave a notice for his voluntary retirement. The said notice was not acted upon on first occasion, therefore, a repeated request was made on 1-9-1999, categorically indicating in the notice that the petitioner would retire from service on 30-11-1999. However, the notice of voluntary retirement given by the petitioner was not accepted for a long period. Certain correspondence was done of which a reply was submitted by the petitioner, yet the orders were not issued accepting the voluntary retirement of petitioner from the proposed date. Ultimately, final order was passed on such a request of the petitioner on 14-8-2000, accepting the notice of voluntary retirement with retrospective effect, i.e. the date from which the petitioner was willing to voluntary retire. Even after the date of retirement








































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