Case Note & Summary
The Petitioner, Altaf Badshah Mujawar, voluntarily retired from the Central Reserved Police Force (CRPF) on 25th August 2001 while serving as a Soldier. On 14th August 2009, the Maharashtra State Road Transport Corporation (MSRTC) published an advertisement for the post of Transport Inspector (Junior). The Petitioner applied under the dependents' quota for ex-servicemen, relying on Government Resolutions dated 10.10.1980 and 27.11.2012. However, by letter dated 25.07.2016, the MSRTC rejected his claim on the ground that voluntary retirement does not constitute retirement. The Petitioner filed a Writ Petition before the Bombay High Court challenging this rejection. The Court heard the matter and held that voluntary retirement is indeed a form of retirement and the Petitioner qualifies as an ex-serviceman. The Court quashed the impugned letter and directed the MSRTC to consider the Petitioner's claim afresh in accordance with the relevant Government Resolutions and guidelines. The Court also noted that the Petitioner had been agitating his claim since 2016 and that the MSRTC had not properly considered the applicable circulars.
Headnote
A) Service Law - Voluntary Retirement - Ex-Serviceman - The Petitioner voluntarily retired from CRPF and sought appointment under dependents' quota in MSRTC. The Court held that voluntary retirement amounts to retirement and the Petitioner is entitled to be considered as an ex-serviceman. The impugned rejection letter was quashed. (Paras 6-12) B) Service Law - Dependents' Quota - Government Resolutions - The Court interpreted Government Resolutions dated 10.10.1980 and 27.11.2012 to include persons who voluntarily retired from armed forces as eligible for appointment under the dependents' quota in MSRTC. (Paras 7-11) C) Service Law - Appointment - MSRTC - The Court directed the Respondent No.2 to consider the Petitioner's claim for appointment on the post of Transport Inspector (Junior) in accordance with the relevant Government Resolutions and guidelines. (Para 12)
Issue of Consideration
Whether the Petitioner, who voluntarily retired from CRPF, is entitled to be considered for appointment under the dependents' quota as per Government Resolutions dated 10.10.1980 and 27.11.2012, and whether the impugned letter dated 25.07.2016 rejecting his claim is sustainable.
Final Decision
The Court allowed the Writ Petition, quashed the impugned letter dated 25.07.2016, and directed Respondent No.2 to consider the Petitioner's claim for appointment on the post of Transport Inspector (Junior) in accordance with the Government Resolutions dated 10.10.1980 and 27.11.2012 and other relevant guidelines.
Law Points
- Voluntary retirement is retirement
- Ex-serviceman definition
- Dependents' quota
- Government Resolutions dated 10.10.1980 and 27.11.2012
- Appointment on compassionate grounds
- MSRTC recruitment rules
