SHAHABUDDIN Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) Heard Mr. L. Raju, learned counsel for the petitioner and Mr. R.S. Reisang, learned senior GA assisted by Mr. Shyam Sharma, learned GA for the State respondents.

(2.) In this writ petition, the issue which has arisen for decision is as regards the validity of an order refusing to accept an application for voluntary retirement after about two years of the application.

(3.) The writ petition has been filed by one Md. Shahabuddin, who was serving as a Grade-IV employee in the Treasury Establishment of the Finance Department, Government of Manipur on regular basis. The petitioner was appointed as Grade IV employee on 27.10.1981 on regular basis on the recommendation of a DPC vide appointment order No. 4/TRY-IMP/80 dated 27.10.1981. According to the petitioner, having completed twenty years of regular/qualifying service, because of certain domestic reasons, he submitted an application dated 17.9.2007 (Annexure-A/2) to the appointing authority requesting him to allow to retire voluntarily from service w.e.f. 1.1.2008 (F.N). The petitioner contends that even though the petitioner had submitted an application seeking voluntary retirement as per the rules, giving more than three months notice as required under the rules, the same was neither accepted nor rejected in accordance with law. However, after about two years of the submission of the application, the petitioner was informed that his application for voluntary retirement from service has been refused by the Government on the ground that there are certain pending cases against the petitioner, vide Office Memorandum dated 26.6.2009 (Annexure-A/3 to the writ petition).