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SUBODH ABHYANKAR, SATYENDRA KUMAR SINGH
Durgesh Rathi (Dr. ) – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Abhyankar, J. -- 1. This Writ Appeal has been preferred under section 2(1) of the Madhya Pradesh Uchcha Nyalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, against the order dated 8.7.2021 passed by the learned Judge of the Writ Court in Writ Petition No.13815/2020.
2. The case of the appellant/petitioner before the writ Court was that the petitioner was appointed on the post of Insurance Medical Officer by order dated 15.5.1989. Vide order dated 12.9.1992 he was confirmed into the service. After rendering 30 years of qualifying service, he submitted his application on 12.12.2019, seeking voluntary retirement from service, in a prescribed format i.e. Form-28 under rule 42(1)(a) of the M.P Civil Services (Pension) Rules, 1976 ( for short ‘the Rules of 1976’). The application was forwarded by the Director, E.S.I.C. to the Secretary, Labour Department with the endorsement that no show cause notice/disciplinary proceedings or recovery are pending against the petitioner. The period of notice expired on 29.2.2020, but by that time the Government had imposed Essential Service
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 : Principle of liberty and its curtailment, the law must be just, fair and reasonable can also not be accepted as the Fundamental Rules are statutory rules and have been made by the Gove....
A government servant has an absolute right to voluntarily retire after completing 30 years of service under Rule 48 of the CCS (Pension) Rules, 1972, provided they are not under suspension, and the e....
The discretion to accept or reject voluntary retirement applications must be exercised judiciously, considering the employee's circumstances and not arbitrarily.
The right to voluntary retirement is substantive and governed by the rules in effect at the time of application, not amendments enacted thereafter.
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