IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 8850 of 2011(E) ------------------------- PETITIONER: --------------- B.RADHAKRISHNAN, ASSISTANT PROFESSOR OF RADIATION PHYSICS, MEDICAL COLLEGE, MULANKUNNATHUKAVU, THRISSUR-680 596. BY ADV. SRI.N.SUGATHAN RESPONDENT(S): ---------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 017. 3. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM-695 039. BY GOVT.PLEADER SHRI T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.8850 Of 2011 E ----------------------------------------------------- DATED THIS THE 30th DAY OF MARCH, 2011 J U D G M E N T The petitioner who is working as Assistant Professor of Radiation Physics applied for sanction of voluntary retirement from service as per Exhibit P6 dated 25.10.2010. He has sought retirement with effect from 31.1.2011. The grievance raised by the petitioner is that in spite of the expiry of the three months' period, no action has been taken so far granting sanction for retirement and accordingly, he seeks for a direction to the respondents to sanction and disburse pension and retirement benefits treating that he has voluntarily retired from service with effect from 31.1.2011 on the basis of Exhibit P6 notice. 2. The petitioner has also produced along with the Writ Petition Exhibit P5, a communication from the Office of the Accountant General addressed to him certifying the service details showing that he has completed 20 years of qualifying service and is eligible for granting voluntary retirement. 3. The learned Government Pleader on getting instructions submitted that just prior to the application for voluntary W.P.(C)No. 8850/11 -2- retirement, the petitioner has applied for leave without allowance for a period of two years and the said application is under process and the application for voluntary retirement has not been processed so far. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not interested in getting leave as sought for and therefore the application for leave need not be processed at all. 5. In that view of the matter, the 1st respondent will process the application for voluntary retirement and for enabling the 1st respondent to take a decision in the matter, the 2nd respondent will forward the application for voluntary retirement within 10 days to the 1st respondent. Appropriate final orders will be passed by the 1st respondent within a period of two months. On sanction of the voluntary retirement, expeditious steps will be taken to sanction pension to the petitioner, at any rate within a period of three months thereafter. The Writ Petition is disposed of as above. dsn Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE.) True copy P.A.to Judge