Case Note & Summary
The petitioner, Prakash Hiralal Sone, was appointed as an Accountant in the Municipal Council, Arvi, on 01.12.1969 and confirmed on 09.07.1970. After a departmental enquiry, a termination order was issued on 22.06.1972. However, by judgment in Writ Petition No. 1608 of 1982, the petitioner was reinstated with backwages on 28.08.1991, which attained finality. He was reinstated on 10.02.1992 and worked until 22.12.1995. On 26.12.1995, the petitioner gave notice of voluntary retirement on medical grounds due to injuries from an accident in November 1994. The respondent communicated on 10.01.1996 that the claim for voluntary retirement could not be accepted because a departmental enquiry was contemplated and the petitioner was unauthorizedly absent from duty from 23.12.1995, asking him to join duties immediately. The respondent took the stand that the petitioner had abandoned service and was not entitled to post-retiral benefits including pension. The petitioner filed a writ petition seeking direction to settle his retiremental benefits and pension. On 07.06.2017, when the matter was called out, none appeared for the parties. The court, after perusing the petition and reply, passed an order on 07.06.2017 and finally on 26.07.2017, directed the respondent to consider and decide the claim of the petitioner for retiral benefits within three months, as the respondent's stand did not disentitle the petitioner from such benefits.
Headnote
A) Service Law - Voluntary Retirement - Retiral Benefits - Petitioner sought direction to settle retiremental benefits and pension - Court held that the respondent's communication rejecting voluntary retirement due to contemplated departmental enquiry and alleged abandonment of service does not disentitle the petitioner from retiral benefits - The court directed the respondent to consider and decide the claim for retiral benefits within three months (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to post-retiral benefits including pension despite the respondent's claim of abandonment of service and pending departmental enquiry.
Final Decision
The court directed the respondent Municipal Council to consider and decide the claim of the petitioner for retiral benefits within a period of three months from the date of the order.
Law Points
- Voluntary retirement
- retiral benefits
- pension
- abandonment of service
- departmental enquiry
