Judgment

M. Jagannadha Rao, J.-Leave granted.

2. The appellant, State of Haryana, has filed this appeal against the Judgment of the High Court of Punjab and Haryana in C.W.P. No. 675 of 1996 dated 12.9.1997. By that Judgment, the High Court allowed the writ petition filed by the respondent and quashed the order dated 13.12.95 of the Civil Surgeon. The Civil Surgeon in his order stated that the respondent-writ petitioner could not be deemed to have re­tired voluntarily w.e.f. 16.11.95 pursuant to his notice dated 16.8.1995. The respondent had claimed that by virtue of the proviso to sub-clause (2) of Rule 5.32B of the Punjab Civil Service Rules (Vol. II), he must be deemed to have retired on the expiry of three months of notice issued after completion of 20 years’ qualifying service.

3. The facts of the case are as follows. The respondent joined service on 4.6.1975. While he was working as Medical Officer, Civil Hospital Kaithal, the respondent was transferred on 8.8.1995 as Medical Officer, Primary Health Centre, Kharak Ramji, District Jind. The respondent joined at Jind on 16.8.1995 and on the same date (i.e. 16.8.1995), he issued a notice seeking voluntary retirement, and the letter