W.P.(C) 4285/2021 Page 1 of 27

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on: September 08, 2021

+ W.P.(C) 4285/2021

GAURAV BHUTANI

..... Petitioner

Through:

Mr. Sambit Nanda, Adv.

versus

THE PRINCIPAL DISTRICT AND SESSIONS JUDGE

HEADQUARTERS

..... Respondent

Through:

Mrs. Avnish Ahlawat, SC (DSJ) with

Mrs. Tania Ahlawat, Mr. Nitesh

Kumar Singh & Ms. Palak Rohmetra,

Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

J U D G M E N T

V. KAMESWAR RAO, J

1. The instant Writ Petition has been filed with the

following prayers:-

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W.P.(C) 4285/2021 Page 2 of 27

Respondents.”

2. The petitioner joined the post of Lower Division Clerk at

the District and Sessions Judge (Headquarters), Tis Hazari

Courts, Delhi on February 29, 2000. He was subsequently

promoted to the post of Reader/Judicial Assistant. From the years

2000 to 2009, the petitioner was posted at Tis Hazari District

Court. From 2009 till February 13, 2018, the petitioner was

posted at Rohini District Courts. On February 02, 2019, he was

transferred from Rohini Courts to Record Room (Civil), Dwarka

Courts and was thereafter on April 15, 2019 posted as a Reader

in the Court of Ms. Manisha Tripathy, Metropolitan Magistrate,

Mahila Court-04, SW District, Dwarka Courts.

3. It is the case of the petitioner that in 2018, he was

diagnosed with Lumbar Spondylosis, a type of lower back pain

caused by excessive degeneration of the lower spine. On July 29,

2019, the petitioner sent a representation seeking transfer to

Rohini Courts, since his medical condition would not allow him

to continue with the long hours of travel from his residence at

Rohini to the Dwarka Courts. Between July 2019 and March

2020, the petitioner was forced to take several leaves on account

of his medical condition and his inability to travel.

4. It is stated by Mr. Sambit Nanda, learned counsel

appearing on behalf of the petitioner, that owing to the

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W.P.(C) 4285/2021 Page 3 of 27

respondent’s refusal to allow the request of the petitioner to

transfer him back to Rohini Courts due to his medical condition,

the petitioner was constrained to send a representation / notice to

the respondent on August 05, 2020 under Rule 48-A of the

Central Civil Services (Pension) Rules, 1972 (‘Pension Rules’,

hereinafter) requesting the respondent to allow him to take

voluntary retirement from service. It is stated that the petitioner

had completed twenty years of continuous service as required

under Rule 48-A in March 2020, as his date of joining was

February 29, 2000.

5. On September 28, 2020, the respondent forwarded the

petitioner's

Notice

for

voluntary

retirement

(‘Notice’,

hereinafter’) to its Accounts Branch, General/Vigilance Branch,

Leave Section, Library Branch and Computer Branch, seeking a

report regarding dues or inquiry, if any, pending against the

petitioner. A letter was also sent to the petitioner, with a direction

to surrender his official Identity Card as well as his Medical

Card. The petitioner, on November 11, 2020, submitted a

Relieving Report to the Respondent stating that he was retiring

from service as on November 11, 2020, and further requested the

respondent to release all his retirement benefits and pensionary

dues on an urgent basis in accordance with the Rules. In addition

to the said letter, the petitioner also surrendered his original

medical facility card and original official ID card along with two

covering letters.

6. It is contended by Mr. Nanda that since the respondent

did not refuse permission for voluntary retirement within three

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W.P.(C) 4285/2021