1. Learned advocate for the petitioner Mr.Praful Bhattt states that the petitioner had put in 20 years of service and had given application for voluntary retirement, with the notice of not less than 90 days. He further states that the petitioner did not receive any communication, either accepting or refusing her request for voluntary retirement. She has grievance about higher grade scale also.
states that, as per affidavit-in-reply, in view of the absence of petitioner for a long period, proceedings were contemplated. However she is not in a position to answer as to whether, refusal if any, of the application for voluntary retirement was conveyed to the petitioner.
3. As per rules of the government, if the request for voluntary retirement is not denied, the same becomes effective on expiry of the notice period. Under these circumstances, prima-facie the petitioner is entitled to get pensionary benefits. Learned AGP Ms.Jyoti Mehta requests for time to take further instructions in this regard. The question of higher grade scale would be gone into later.
4. List this matter on 20.12.2012.
(PARESH UPADHYAY, J.) dharmendra/52 Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Apr 14 01:36:30 IST 2016