- (1.) The Petitioner B. S. Danewalia was born on August 3, 1925, and was appointed to Indian Police Service on November 4, 1950. He was appointed Inspector-General of Police (Punjab) on July 20, 1977. D. S. Grewal having been appointed Inspector-General of' Police on February 19, 1980, the Petitioner handed overt the charge of this office on. February 20, 1980, and proceeded on leave. On March 5, 1980, the Petitioner addressed a communication (P. 1) to the President of India through the Home Secretary (Punjab) seeking voluntary premature retirement after the expiry of his leave. On March 12, 1980, he addressed another letter (P. 2) to the Chief Secretary (Punjab) saying that the notice of three months of his voluntary premature retirement may be deemed from the forenoon of February 20, 1980, when he handed over the charge of the office of Inspector-General of Police to his successor. The Petitioner still wrote another letter (P. 3) to the Home Secretary (Punjab) on March 14, 1980, enclosing a cheque for Rs. 9,570 being his three months' pay and allowances in lieu of three months' notice as required under Rule 16(2) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, (hereinafter the Rules) with the prayer that he be retired from service forthwith. The Petitioner having received no response to his letter (P. 3) has filed the present writ praying for a declaration that he should be deemed to have retired from service with effect from March 14, 1980. The cause for anxiety on the part of the Petitioner for an early retirement is his desire to contest the forthcoming State Assembly Elections which are to be held in May, 1980.
(2.) The Respondents Union of India and the State of Punjab have contested the writ. The Joint Secretary Home (Punjab) in his return on behalf of the State of Punjab has averred that there being no provision in the All India Service Rules entitling an officer to pay three months' pay and allowances in lieu of notice as required under Rule 16(2) of the Rules, the Petitioner cannot be deemed to have retired with effect from March 14, 1980, when he sent the letter (P. 3) along with a cheque for Rs. 9,570. The Petitioner shall retire after the expiry of the period of three months of a valid notice under Rule 16(2) of the Rules.
(3.) The relevant sub-rules of Rule 16 of the Rules be read as under: 16. Superannuation gratuity or pension.- (1) A member of the Service shall be required compulsorily to retire from the service with effect from the afternoon of the last day of the month in which he attains the age of 58 years. * * * * * (2) A member of the Service may, after giving at least three months' previous notice in writing, to the State Government concerned, retire from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice: Provided that no member of the Service under suspension shall retire from service except with the specific approval of the State Government concerned. (2A) A member of the service may, after, giving three months'. previous notice in writing to the State Government concerned, retire from service on the date on which he completes, .20 years of qualifying service or any date thereafter to be specified in the notice: Provided that a notice of retirement given by a member of the service shall require acceptance by the State Government concerned if the date of retirement on the expiry of the period of notice would be earlier than the date on which the member of the Service could have retired from service under Sub-rule (2). (3) The Central Government may, in consultation with the . State Government concerned and after giving a member of the Service at least three, months' previous notice in writing or three months' pay and allowances in lieu of such, notice require that member to retire in public interest from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice. *** ***;