IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 4150 of 2008. Date of Decision : December 22, 2008. Dr. Sukhjit Singh ........ Petitioner. Versus State of Punjab and others ......... Respondents. -.- CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. -.- Present:- Mr. Arun Bansal, Advocate, for the petitioner. Ms. Charu Tuli, Senior D.A.G., Punjab. -.- ASHUTOSH MOHUNTA, J. (ORAL) The petitioner was appointed as Medical Officer on 13.09.1982. His services were regularised w.e.f. 21.03.1983. After having served more than 25 years of service, the petitioner submitted an application for voluntary retirement through proper channel as per the Rules alongwith an affidavit and details of his service. The application of the petitioner was recommended by the Senior Medical Officer, Incharge, Community Health Centre, Majitha, Amritsar, and was forwarded to the Civil Surgeon, Amritsar for necessary action. However, vide order dated 03.03.2008 (Annexure-P-4), the request of the petitioner for voluntary retirement has been disapproved by the Government after consideration. Counsel for the petitioner submits that as per Rule 3 of the Punjab Civil Services (Premature Retirement) Rules, 1975, the petitioner is entitled to premature retirement as per the prescribed procedure. Learned counsel for the petitioner submits that there is no enquiry and disciplinary C.W.P. No. 4150 of 2008. -2- proceedings pending against the petitioner and therefore, his request for voluntary retirement could not have been rejected by the respondents. Counsel for the respondents submits that as there is acute shortage of doctors with the Punjab Government, therefore, the prayer of the petitioner is not being allowed for voluntary retirement. After hearing learned counsel for the parties, we find that the respondents have not referred to any Rule by which they can disapprove the prayer of the petitioner seeking voluntary retirement. The petitioner has already served more than 25 years and is entitled to voluntary retirement in terms of Rule 3 of the Punjab Civil Services (Premature Retirement) Rules, 1975. Resultantly, we quash the order dated 03.03.2008 (Annexure-P-4) and allow this writ petition with a direction to the respondents to pass an order for voluntary retirement of the petitioner within a period of two months from the date of receipt of certified copy of this order. (ASHUTOSH MOHUNTA) JUDGE (AUGUSTINE GEORGE MASIH) JUDGE December 22, 2008.. sjks.