(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellant and the learned Special Government Pleader for some time.
2. The writ appeal challenges the order passed by the learned Single Judge in the writ petition filed challenging the order of his transfer. It appears that while declining to grant the relief sought for by the appellant, the learned Single Judge has taken a lenient view and granted two months time to the appellant to go and report at the place where he is transferred.
3. The appellant is now pleading that his wife suffers from a permanent disability of 60% and she is unable to move and as such, he intends to take voluntary retirement. Therefore, it is for the appellant to file his voluntary retirement application before the respondent authority, who shall decide the matter permitting him to retire so that other person would get the post. It would be also convenient for the Department as well as the petitioner to get rid of this entangled issue between themselves on the issue of transfer. Further, if it is provided that three months notice is necessary to be issued, it shall be done by the petitioner within a period of one month and till three months is over, he may be retained on duty at the place where he is working now, his services can be utilised and he may be permitted to take voluntary retirement, if there is no impediment for availing the same.
4. The writ appeal is disposed of accordingly. No costs. The connected miscellaneous petition is closed.
(H.G.R.,J.)(T.K.R.,J.) 2.6.2017.
Index:Yes/No Internet:Yes/No ssk.
Note to office: Issue copy of this judgment by 14.6.2017.
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