1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 6031/2007 (Sharda Arun Khangar & others VERSUS The Regional Manager, Nagpur & another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Walthare, counsel for the petitioner. CORAM : D.D.SINHA AND SMT. VASANTI A. NAIK, JJ. DATE : JANUARY 31, 2008. Heard the learned counsel for the petitioner. The counsel for the petitioner has submitted that the petitioner's husband was in the employment of respondent no.2. However, after about 13 years of service, the petitioner's husband was permitted to be retired on the ground of medical unfitness. It is further contended that since the husband of the petitioner was retired on the ground of medical unfitness, the family member of the petitioner is entitled to get appointment on a compassionate ground, and therefore, made request to the respondent no. 2 in this regard. It is contended that the husband of the petitioner was retired in the year 2006 and the application for appointment on compassionate ground was made by the petitioner on 16.10.2006. However, the respondent, without any justification, 2 disallowed the claim of the petitioner, and therefore, the petitioner has invoked the extra ordinary jurisdiction of this Court. We have considered the contentions canvassed by the learned counsel for the petitioner. We have perused the resignation letter dated 21.07.2006 submitted by the husband of the petitioner, which is annexed with the petition as well as the reply given by the respondent to the notice of the petitioner. As per the reply dated 09.04.2007 given by the respondent to the notice issued by the petitioner, it is specifically stated that unless the employee completes specific number of years of service, he cannot be permitted to voluntarily retire from service merely on his asking for permission to retire voluntarily. Similarly, there is a discretion vested in the authority whether to permit an employee to voluntarily retire or not. In the said reply, it is specifically stated that since the husband of the petitioner was not medically incapacitated, the question of grant of appointment on compassionate ground to his widow Smt. Sharda does not arise. Similarly, resignation letter submitted by the husband of the petitioner clearly shows that the petitioner has resigned from service only on the ground that he was not keeping good health. The petitioner has placed nothing on record in order to show that the 3 petitioner was permitted to retire from service on the ground of medical unfitness. Similarly, there is nothing on record to demonstrate that the husband of the petitioner has completed the requisite number of years of service to avail the facility of voluntary retirement. There is no reason for us to disbelieve the statements made by the respondent in their reply, referred to hereinabove. Consequently, petition suffers from lack of merit, same is dismissed. JUDGE JUDGE APTE