1984 Supreme(MP) 636

K. K. Varma, J.
Indra Prakash v. State of M. P.
M. P. No. 78 of 1984 (G); Decided on 28-9-1984.

Headnote:(1) Civil Services (Pension) Rules, 1976 (M.P.) -- R. 42 (a) (i) -- completion of qualifying period of service -- voluntary retirement sought -- nature of the right -- is absolute.

       A Government servant who has completed 20 years' qualifying service has a right to make an election to retire voluntarily. This right guaranteed under clause (a) is indefeasible. The ejection to retire is that of Government servant alone not preconditioned by any extraneous factor inclusive of will or desire of any authority or superior officer of the Government servant. It is an absolute right in the sense that the Government servant's election to retire cannot be questioned or that he cannot be called upon to account for or explain his motive for or purpose of his decision to retire. [Para 24

       In effect certain election on the part of the Government servant to retire once expressed, and communicated to his appointing authority amounts to bruning of his service boat by the Government servant concerned. Even the appointing authority had been given no power to check or delay, let alone call a halt to the inexorable legal consequence, viz., the retirement of the Government servant on a date specified by him in his notice. Unless the Government servant himself makes a request for withdrawal (of his notice of retirement) to the appointing authority then only the appointing authority has been given a power to permit withdrawal of the notice of retirement by giving specific approval to the said withdrawal on consideration of the circumstances of the case. [Para 26

       It is, therefore, such a statutory right, indefeasible and absolute in nature that is enshrined in clause (a) of sub-rule (i) of rule 42 of the Civil Services (Pension) Rules, 1976. [Para 27

       (2) Civil Services (Pension) Rules, 1976, (M.P.) -- Rule 42 (a) (i) -- choice of date of retirement is that of the Government servant -- no time-gap need be given -- the choice of date is not controlled -- does not depend upon any payment.

       Clause (a) does not require that a notice issued thereunder has to state a time-gap between the date of the giving of the notice to make the notice valid or effective in a case where the date of retirement chosen by the Government falls after the date of giving of the notice but before the date on which the period of three months, reckoned from the date of the notice expires. [Para 30

       It is the Government servant's choice of the date of his retirement under clause (a) of sub-rule (i) of rule 42 of the M.P. Civil Services Rules 1976 which determines the date of his retirement, and the notice's validity does not depend upon there being any averment therein that it is a three months notice or a notice for a period shorter and expressed time span-wise [Para 31