Uttarakhand High Court
Dr. Vibhuti Bhushan vs State Of Uttarakhand & Others on 28 February, 2019
Equivalent citations: AIRONLINE 2019 UTR 324
Author: N.S. Dhanik
Bench: Ramesh Ranganathan, N.S. Dhanik
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 85 of 2019 (S/B)
Dr. Vibhuti Bhushan ...Petitioner
Vs.
State of Uttarakhand & Others ......Respondent
Mr. P.C. Pethshali, learned counsel for the petitioner.
Mr. Pradeep Joshi, learned Standing Counsel for the State of Uttarakhand.
Dated: 28th February, 2019
Coram: Hon'ble Ramesh Ranganathan, C.J.
Hon'ble N.S. Dhanik, J.
Ramesh Ranganathan, C.J. (Oral) The petitioner seeks voluntary retirement from service. On his request in this regard being rejected by proceedings dated 16.08.2018, he has invoked the jurisdiction of this Court. On his own admission, the petitioner's age is 43 years, and has put in 15 years of service as a Medical Officer till date. The impugned order of rejection refers to Fundamental Rule 56(c), which enables a Government servant to seek voluntary retirement any time after attaining the age of 45 years or after completing the qualifying service of 20 years.
2. In the present case, neither has the petitioner completed 45 years nor has he fulfilled the requirement of having completed the qualifying service of 20 years. Shri P.C. Petshali, learned counsel for the petitioner, would however place reliance on the provisions of the Uttarakhand Retirement Benefits Act, 2018 (for short the "2018 Act") to contend that, since Section 1(2) thereof makes the 2018 Act applicable to personnel, substantively appointed before 1st October, 2005 under the State Government, in the case of their completion of superannuation age or voluntary retirement, the petitioner would be entitled to the protection of Section 6 of the 2018 Act which provides 2 for payment of pension to any person who has rendered more than 10 years of service.
3. The 2018 Act deals with the retirement benefits payable to those to whom the Act applies, including those who have voluntary retired from service. It is only in cases where an employee has voluntary retired from service would his retirement benefits be computed in terms of 2018 Act. The 2018 Act makes no reference as to when the Government servant can seek voluntary retirement. As the entitlement of a Government servant, to seek voluntary retirement, is governed by Fundamental Rule 56(c), and as the petitioner has not fulfilled either of the twin requirements therein, of completion of 45 years of age or to have completed the qualifying service of 20 years, the impugned order, rejecting his request for voluntary retirement, cannot be faulted.
4. The writ petition fails and is, accordingly, dismissed. No costs.
(N.S. Dhanik, J.) (Ramesh Ranganathan, C.J.)
28.02.2019 28.02.2019
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