IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 14694 of 2009(F) -------------------------- PETITIONER: --------------- K.VENUGOPAL,S/O.K.KRISHNAN ACHARI, (PC-A 4134,TRAFFIC UNIT,CHENGANNUR), RESIDING AT MAYA DALE,DOCTOR'S LANE, CMC 12,CHERTHALA,ALAPPUZHA DISTRICT. BY ADV. SRI.BOBBY JOHN RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. THE ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, CHENGANNUR TRAFFIC. BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.14694 of 2009-F ------------------------------ Dated this the 17th day of June, 2009. J U D G M E N T The petitioner, who is presently working as Head Constable in the Kerala Police Department, applied for permission to voluntarily retire from service with effect from 30.4.2008. The petitioner’s contention is that as the application seeking permission for voluntary retirement from service with effect from 30.4.2008 was submitted on 12.2.2008 and orders had not been passed rejecting his application, by operation of law, he stood voluntarily retired from service with effect from 30.4.2008. In this writ petition the petitioner seeks the following reliefs. i) to issue a writ in the nature of mandamus or any other appropriate writ or order directing the first respondent to grant permission to the petitioner to retire voluntarily from service with effect from 30.4.2008 AN as requested in the application dated 15.1.2008; ii) to issue a writ in the nature of mandamus or any other appropriate writ or order directing the respondents to disburse the eligible pensionary benefits to the petitioner; iii) to declare that the petitioner is entitled for voluntary retirement as per Rule 56(vi) of Part III of Kerala Service Rules; iv) to issue a writ in the nature of mandamus or any other appropriate writ or order directing the first respondent to dispose of Ext.P3 representation expeditiously within a time limit fixed by this Hon’ble Court." W.P(C) No.14694 of 2009-F 2 2. The learned Government Pleader on instructions submits that the application submitted by the petitioner for permission to retire from service voluntarily with effect from 30.4.2008 was rejected by the Superintendent of Police, Alappuzha on 17.11.2008 and therefore the reliefs prayed for cannot be granted. The learned Government Pleader also submits that disciplinary action is pending against the petitioner and therefore the permission sought cannot be granted. The learned counsel for the petitioner submits that the petitioner has not so far been served with a copy of the order passed by the Superintendent of Police on 17.11.2008, rejecting his application for permission to retire from service voluntarily. He submits that the petitioner is unaware of the order passed by the Superintendent of Police. 3. In the light of the fact that the permission sought for by the petitioner to retire from service voluntarily has been declined on the ground that disciplinary action is pending against the petitioner, the reliefs prayed for cannot be granted. The writ petition fails and is accordingly dismissed with a direction to the Superintendent of Police, Alappuzha to communicate to the petitioner a copy of the order passed by him on the petitioner’s application for voluntary retirement within two weeks from the date of receipt of a copy of this judgment. Sd/- ab P.N.RAVINDRAN, JUDGE //True Copy// PA to Judge