IN TKE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26"' DAY OF FEBRUARY. 10
BEFORE
THE HON'BLE MR. JUSTICE H.N. NAGAMOI§A§iI""§A$.'
Writ Petition No.
BETWEEN:
T.M. Rangaswamy,
Aged about 59 years,
S/o iate Madduraiah, 2 _4 V
Residing at No.31, 'Vigfl-e~Sh','~.L ; V'
Near New Horizon School; V ' '
NagadeVanahal1i,'- V ~
Bangalore 58CO?5§,bV1" '
""" Petitioner
{By Sri; for
34/5 P93. Rajagopal. Associates, Advs.]
'V :1; , Secretary to the Government,
T' "'C)fvIf{a1'i1§3.Vta:1{a (Higher Education)
%EdLieatiofn"Department,
_ 5 3I\/I._S,"r""3"1_.1=£ldiI1g, Dr. Ambedkar Veedhi,
Bangalore 560 001.
Commissioner,
. _ 'Eepaftment of Collegiate Education,
' Seshaciri Road,
Bangaiore 560 {)0 I.
W"
ix)
3. Accountant General in Karnataka (A &E}
Bangalore 560 001.
4. Director,
Technical Education,
Palace Road,
Bangalore 560 001.
5. Dr. Ambedkar Institute ofTei:hn_oI'ogy,"- _ p
By its Principal near Jnana Bhar'athi Campus,
Mallathally, " s it "
Bangalore 560 056. - '_
. 8 "Respondents
[By Sri Jagadeeshl R 1 to 4
Sri Harish H.AV....AdV.'io1=_R 5} 1 ~
This Writ f£a'et,itio'n 'filed, u.nder'"'Art.icle 226 of the
Constitution of: India praying'-- to issue a writ in the nature
of certjora_ri%.p_to*-I;;.q.uasl1___the..._Vorder dated 15.09.2006
Annextire L' 'iss_ued4by4th.e 5*? respondent and issue a writ
in the {natured'of-jnandanrius directing respondents to
accept the 'app1icati'onl"o__f' "t1*ie petitioner dated 7.08.2006
for voluntary .retireIn_ent.."' from 81.08.2006 and on that
basis' pay the 'petitioner all retiral benefits including
penV_s'i3on,__'comrnr1ted_'_Vvalue of pension, leave encashment
._ Vand"DCR:G for the entire period of service from 22.04.1987
til1"C}1.0.8;2CO6--.which includes pre-grant service together
with ir1t.ereVst.'j'~at 12% per annum from the dates the
respective 'amounts became due until the date of payment
H' _ etc. "
, This petition coming on for Preliminary hearing in B
A ":0.('3»roi1p, this day, the Court. made the following:
3///"\.:-J"
ORDER
In this writ petition, the petitioner has.
writ in the nature of Certiorari towgquash”ti’1*e.:or€ier*dated”.
15.09.2006, Annexure L re1ieving._thc;”p.etiti»oner’ \iVith…effeet
from 31.08.2006 treating thVe”~-requestxof. ttiiieiipevtitioitierh
resignation.
2. Petitioner __was respondent
institution On 07.08.2006
petitioner”suhrniitteeii as per Annexure G
expressing voluntary retirement from
service. «Again “on.” petitioner gave another
repreisenrtatiori’ per’ Annexure H stating that in the
ipe-titi-oner is not eligible for voluntaiy retirement
ém$;n_»1q}:-.+«imaygbe relieved from duties Considering his
~V request”‘as.’resignation. Now under the impugned order
:fthe’i*~._t’est>onder1ts reiieved the petitioner from service
‘ Considering his request of resignation. Hence this Writ
2’ taetition.
3. Armexures G and H manifestly make it clear that the
request of the petitioner was primarily for voluntary
retirement. In the event of petitioner is not..~erjiti;tledpllfor
voluntary retirement his second request _wfas~-._to:.A,treatl’his ‘
letter as resignation. In the circtimstariees ‘4
on the part of the St}; Wresposn_dentl”toll’examine cfase
the petitioner as to whetherlll:.el’is entitfeed’l’:for?§voluntary
retirement.
4. Learned: petitioiier submits that in
View ofllthe this Court W.A. No.848/2008
and conneeted is entitled for Voiuntary
retirement f.rorn”slerVice. It that is so, respondents to
tlielaw down by this Court in the decision
“rei’e’i”red~to._su.A§)ra while passing fresh orders.
p F’orl:’the reasons as stated above, the following:
ORDER
i) The Writ petition is hereby allowed;
f}_3Vr*-f’\t
>_/
ii]
iii}
iv)
The impugned order dated 15.09.2006
Annexure L is hereby quashed;
Respondent No.5 is directed to corisiderdthe
claim of the petitioner for voluntary”:”etireixéent,
if he is so entitle and also in the liglitvoflthe 4_
laid down by this Court in ”
and connected mattersfin the eV.ent’4petition’er
succeeded in getting Volurntaizyl-retirernent then
he is entitled for all Cor1«s_ei;uential’.,benefits;2.VA *
In the event of iéetiitioneris entitled for
voluntary retirementvthen he isto be relieved
considering his re’questu as ‘ resignation.
Sd/-
JUDGE