- (1.) .Heard the parties.
(2.) IT is admitted to the parties that the petitioner who had been working as a clerk in the respondents Department filed an application for seeking voluntary retirement vide application dated 13.12.2001 and it was addressed to the Regional Director of the respondents Department which was forwarded by the Department of the respondents to the appointing authority. The said application contained the communication that the petitioner entails to seek voluntary retirement with effect from 31st March, 2002 after three months of the notice. It is also admitted that no communication for the rejection of the said request was received by the petitioner within stipulated period. On 16.5.2002, a communication was received by the petitioner by which his application seeking voluntary retirement was rejected and he was asked to join his duties and he preferred the writ petition. During the pendency of the writ petition, he was suspended and the departmental proceedings were initiated against him and punishment was awarded.
(3.) THE Circular dated 27.4.1979 which has been issued by the Government under/ appended to Rule 74 of the Pension Rules which reads as follows: - 1. A Government servant whose qualifying service is not less than 20 years can take retirement by giving three months prior notice to the competent appointing authority. This scheme is completely voluntary in which the Government servant has himself to initiate and the Government has no alternative to retire Government servants under this scheme. 2. Under this scheme Pension shall be payable to the retiring Government servants. 6. Voluntarily one can withdraw his notice for retirement with the consent of appointing authority provided the request of this withdrawal is made before the expiry of three months of furnishing notice. 7. After 20 years of qualifying service the approval of the competent appointing authority is essential in furnishing notice of voluntary retirement. If the date of retirement falls prior to the date of expiry of such notice on the date of the Government servant would have retired voluntarily in his regard according to the existing rules (i.e., Rules 74(b) of Bihar Service Code). Paragraph 2 of Clause 1 of Liberalized Pension Scheme 1950 under Bihar Pension Rules and Rule 130 of Bihar Pension Rule or other similar rules and such approval can be generally given in all cases (Excluding cases of the category of the following "Ka" and "Kha"): (Ka) Such cases 1n which with a view of awarding major punishment against a Government servant disciplinary action has to be taken or if any such action is pending and if it is the opinion of the Officer conducting the disciplinary action that in the concerned case it is essential to award punishment of dismissal and termination of the said Government servant keeping in view all the aspects of charges (framed against him). (Kha) In such cases when prosecution is expected against Government servant in the court or prosecution has been initiated. But in case of this category if there is proposal to accept notice of such voluntary retirement then approval of the Minister -in -charge may be taken in the case of Government servant coming under category ("Ka") and ("Kha"). In cases other than those the approval of the Head of the Department is essential. In cases in which approval of notice for voluntary retirement is essential to be taken from appointing authority in such cases also approval to this effect in respect of the Government servants giving notice shall be deemed to be approved provided that no adverse order is passed by the competent authority prior to the date of giving notice. The date of retirement shall be deemed to have come into effect from the date mentioned in such cases.;