Heard Mr. B.K. Deb Roy, learned counsel for the petitioner and Mr. ND Chullai, learned Sr. GA assisted by Mr. S Sen Gupta, learned GA appearing for the respondents.

2. The core question calls for decision in the present writ petition is as to whether the question of non-acceptance or acceptance of voluntary retirement of the petitioner after completing the statutory notice of 3 (three) months for voluntary retirement by the authority arises or not? As, this question is to be answered by referring to the FR 57 of the Meghalaya Fundamental Rules and Subsidiary Rules, 1984. It would be more profitable to quote FR 57 hereunder:-

“CHAPTER IX

Compulsory Retirement

F.R. 57 (a) – The date of compulsory retirement of a government servant is the date on which he attains the age of 58 years. He may be retained in service after this age with the sanction of the State Government on public grounds which must be recorded in writing, and proposals for the retention of a government servant in service after this age should not be made except in very special circumstances.

(b) Notwithstanding anything contained in these rules the appropriate authority may if he is of the opinion that it is in