AHSAN ALI Vs. STATE OF ASSAM AND 4 ORS REP BY COMMISSIONER AND SECRETARY TO GOVT OF ASSAM
LAWS(GAU)-2018-8-43
HIGH COURT OF GAUHATI
Decided on August 07,2018

AHSAN ALI Appellant
VERSUS
State Of Assam And 4 Ors Rep By Commissioner And Secretary To Govt Of Assam Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Mr. H. Das, the learned counsel for the petitioner and Mr. M.R. Adhikari, the learned Senior Government Advocate, for all the respondents.
(2.) The brief facts for disposal of the writ petition may be narrated at the outset. The petitioner was appointed as Additional Mondal vide order dated 21.09.1993 (Annexure-I) by the respondent No.4 and since his appointment, he was working in such capacity. On 21.10.2017 (Annexure-II) on health grounds, the petitioner submitted an application to the respondent No.5 to allow him to retire from service voluntarily from the date of his application. The application of the petitioner was thereafter accepted by the respondent No.4, who is the appointing authority, vide order dated 20.11.2017 (Annexure-III). In the order dated 20.11.2017 it was mentioned that the petitioner was allowed to go on voluntary retirement in terms of the provision contained in F.R. 56 (c) w.e.f 31.01.2018 A.N. in public interest.
(3.) Subsequently, the petitioner submitted an application before the respondent No.2 on 30.12.2017 (Annexure-IV) seeking withdrawal of his application for voluntary retirement from service with a prayer that he may be allowed to join back in his service. The said application was submitted through the respondent No.4 and therefore, the respondent No.4 vide covering letter dated 17.01.2018 (Annexure-V) forwarded the petitioner's application to the respondent No.2 for perusal and necessary action. However, the respondent No.2 through the Additional Director of Land Records returned the application of the petitioner to the respondent No.4 on 24.01.2018 (Annexure-VI) asking the respondent No.4 to take a decision from his end since he was the appointing authority. Since then, the respondent No.4 did not take any decision but allowed the petitioner to voluntarily retire from service on 31.01.2018 A.N. in terms of the order that was passed on 21.11.2017 (Annexure-III). Aggrieved, the petitioner is before this Court.;


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