Court No. - 6
Case :- WRIT - A No. - 968 of 2019 Petitioner :- Asbir Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shree Prakash Giri Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
This petition challenges an order dated 24 August 2018 pursuant to which the prayer of the petitioner for voluntary retirement have come to be accepted in accordance with the provisions of the Fundamental Rule 56 (c). The application for voluntary retirement is stated to have been made on 9 July 2018. This application was accepted by the order impugned. However, Sri Giri, the learned counsel has submitted that the application for voluntary retirement could not have been accepted before the expiry of a period of three months as contemplated under Fundamental Rule 56 (d). He submits that the petitioner had in fact made an application on 8 October 2018 for recall of the application made for voluntary retirement.
Learned Standing Counsel, on the other hand, has contended that the application for recall should have been tendered prior to the acceptance of the prayer for voluntary retirement and that any application made thereafter would not be liable to be considered. He however submits that subject to all contentions on merits being left open, the third respondent shall duly attend to the representation made in this respect and pass appropriate orders thereon in accordance with law and preferably within a period of three months from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits or otherwise of the claim of the petitioner, this petition shall stand disposed of in light of the statement made and noted hereinabove.
Order Date :- 22.1.2019 Arun K. Singh (Yashwant Varma, J.)