CWP No.13979 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.13979 of 2008 (O&M) Date of Decision: 16.03.2010 **** Dr. Aditya Kumar Sood . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Vikas Sharma, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 23.05.2008 (Annexure P5), whereby, his request for voluntary retirement has been declined. He also seeks a direction for the release of his retiral benefits. (2). The petitioner joined the Health Department, Government of Punjab as Medical Officer on 17.03.1978 initially on ad hoc basis. His services were regularized in the year 1983. The petitioner was due for his retirement on attaining the age of superannuation on 31.12.2008. CWP No.13979 of 2008.doc - 2 – (3). The petitioner has further averred that as he is a heart patient and has undergone bypass surgery that he sought voluntary retirement on health grounds. He even tendered three months’ advance notice as is required under the Rules. However, no decision was taken by the respondents on the said notice. It was after more than six months that the impugned order dated 23.05.2008 (Annexure P5) was passed, whereby, the petitioner’s request for voluntary retirement has been turned down, prompting him to approach this Court. (4). Having heard learned counsel for the parties and keeping in view the Rules, I am of the considered view that once the three months’ advance notice period expired, the petitioner shall be deemed to have voluntary retired from service under the Rules and the respondents were left with no discretion to withhold the formal declaration of his retirement. (5). The writ petition is accordingly allowed; the impugned order dated 23.05.2008 (Annexure P5) is hereby quashed and the respondents are directed to release the retiral service benefits to the petitioner as early as possible but not later CWP No.13979 of 2008.doc - 3 – than four months from the date of receipt of a certified copy of this order. The salary for the due period shall also be released within the same period. (6). Ordered accordingly. (7). Dasti . (SURYA KANT) JUDGE 16.03.2010 vishal shonkar