- (1.) Heard Dr. B. Ahmed, learned counsel for the writ petitioner. Also heard Mr. D. Upamanyu, learned counsel for the Health and Family Welfare Department. Mr. P. Nayak, learned counsel appears for the Finance Department and Mr. C. Barua, learned counsel appears for the respondent no. 5.
(2.) The petitioner's case, in brief, is that she was appointed against the post of Registrar, Pediatrics, Govt. of Assam, on 03/07/1976. The petitioner joined her post on 06/07/1976. The petitioner applied for lien to join the Tata Tea Referral Hospital on 02/11/1996 and the permission for the same was given to her on 02/11/1996 by the Health and Family Welfare Department. The petitioner, there-after, proceeded on lien on 12/11/1996 after having handed over charge on 11/11/1996. By notification dated 09/05/2000, the Joint Secretary to the Government of Assam, Health and Family Welfare Department promoted and transferred the petitioner as Sub-Divisional Medical and Health Officer, District Tuberculosis Centre, Cachar, Silchar. The petitioner, who was working in Tata Tea Referral Hospital, apparently joined the promotional post on 27/03/2001. The petitioner, there-after, applied for voluntary retirement on 15/04/2001 and the same was allowed vide notification dated 11/06/2002 issued by the Under Secretary to the Government of Assam, Health and Family Welfare Department. The petitioner, there-after requested the authorities for payment of her pensionary benefits. However, the same was not provided by the State respondents and instead, the petitioner was given a copy of the notification dated 28/06/2012, which states that the voluntary retirement given to the petitioner vide notification dated 11/06/2002 was withdrawn. Being aggrieved, the petitioner has filed the present writ petition.
(3.) The petitioner's counsel submits that as the petitioner had been allowed to go on voluntary retirement vide notification dated 11/06/2002, the withdrawal of the same vide notification dated 28/06/2012, after her retirement, is arbitrary and is liable to be set aside. He also submits that as per Rule 56(c) of the FR & SR, the petitioner has a right to pray for voluntary retirement on completion of 50 years of age or 20 years of service, whichever is earlier. He submits that as the petitioner has been allowed to go on voluntary retirement after 20 years of service, the State respondents could not be allowed to backtrack and deny the petitioner, her pensionary benefits by way of cancelling the notification dated 11/06/2002 allowing her to go on voluntary retirement.;