Search Results Page
Search Results
1 - 3 of 3 (0.42 seconds)Suryakanta Chimanlal Shah vs State Of Gujarat & on 21 February, 2013
14. However, by filing affidavit in sur rejoinder
on 14.10.2011, now, respondent has come
forward contending that since the application
for extension of time was not in prescribed
format, they have not processed the same.
However, as discussed hereinabove, when first
application by the petitioner is in
prescribed format and, thereafter, when
petitioner has voluntarily extended the
notice period considering the work load and
when practically respondents have got almost
a year to process the application, their
action of not forwarding such application to
the competent authority cannot be considered
in their favour and against the petitioner so
as to treat his absence as unauthorized
absence from duty. On the contrary, pursuant
to decision in the case of Suryakant
Chimanlal Patel (Supra) and Mr.Yogesh M.
Karia (Supra), if provision of Rule 49 of
GCSR is applied, then, now, it becomes clear
Page 11 of 13
HC-NIC Page 11 of 13 Created On Sat Aug 12 05:56:08 IST 2017
C/SCA/2312/2011 JUDGMENT
that when the appointing authority has failed
to refuse or to grant permission for
voluntary retirement before the expiry of
period specified in the said notice, the
retirement shall become effective from the
date of expiry of the said notice period.
Yogesh M Karia vs District Development Officer & 4 on 23 January, 2014
14. However, by filing affidavit in sur rejoinder
on 14.10.2011, now, respondent has come
forward contending that since the application
for extension of time was not in prescribed
format, they have not processed the same.
However, as discussed hereinabove, when first
application by the petitioner is in
prescribed format and, thereafter, when
petitioner has voluntarily extended the
notice period considering the work load and
when practically respondents have got almost
a year to process the application, their
action of not forwarding such application to
the competent authority cannot be considered
in their favour and against the petitioner so
as to treat his absence as unauthorized
absence from duty. On the contrary, pursuant
to decision in the case of Suryakant
Chimanlal Patel (Supra) and Mr.Yogesh M.
Karia (Supra), if provision of Rule 49 of
GCSR is applied, then, now, it becomes clear
Page 11 of 13
HC-NIC Page 11 of 13 Created On Sat Aug 12 05:56:08 IST 2017
C/SCA/2312/2011 JUDGMENT
that when the appointing authority has failed
to refuse or to grant permission for
voluntary retirement before the expiry of
period specified in the said notice, the
retirement shall become effective from the
date of expiry of the said notice period.
1