STATE OF UTTAR PRADESH & ORS Vs. ACHAL SINGH
LAWS(SC)-2018-8-49
SUPREME COURT OF INDIA
Decided on August 21,2018

STATE OF UTTAR PRADESH AND ORS Appellant
VERSUS
ACHAL SINGH Respondents

JUDGEMENT

Arun Mishra, J. - (1.) Leave granted.
(2.) The State of Uttar Pradesh in the appeals is aggrieved by common judgment and order dated 29.11.2017 passed by the Division Bench of the High Court of Allahabad, allowing the writ petitions filed by the respondents herein seeking voluntary retirement from the Government services. Directions were issued to treat the respondents to have retired from Government services with effect from 30.11.2017 and 31.12.2017.
(3.) The main question for consideration before us is as to whether under Rule 56 of the Uttar Pradesh Fundamental Rules (hereinafter referred to as the "Fundamental Rules") as amended, an employee has unfettered right to seek voluntary retirement by serving a notice of three months to the State Government or whether the State Government under the Explanation attached to Rule 56 of the Fundamental Rules, is authorised to decline the prayer for voluntary retirement in the public interest under clause (c) of Rule 56 of the Fundamental Rules as applicable to the State of Uttar Pradesh.;


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