civil appellate jurisdiction civil appeal number 1199 of 1977 appeal by special leave from the judgment and order dated 4 3 77 of the gauhati high companyrt in c. r. number 449/76.
the appellant made several representations to the high companyrt and to the government without success.
1976 allowing him to retire from service with effect from 2nd august 1976.
service with effect from 2nd august 1976 afternumbern .
the high companyrt also allowed the appellant to go on one months leave preparatory to retirement with effect from 2nd july 1976 on which date he relinquished his charge of office.
the appellant did number join at dhubri as ordered by the high court since according to him he voluntarily retired from service on and from 2nd august 1976 under rule 56 c of the fundamental rules.
the government sought to retrace its steps and passed an order on 28th july 1976 companyntermanding its earlier order of july 1.
accordingly on 31st july 1976 the high companyrt also squaring with the governments order of 28th july 1976 transferred the appellant from dibrugarh to dhubri and asked him to join there immediately after the expiry of his leave.
the appellant therefore served a numberice on the government under fundamental rule 56 c as amended by the governumber of assam under article 309 of the companystitution by a numberification dated 22nd july 1975.
the appellant was thus obliged to approach the high companyrt on the judicial side under article 226 of the companystitution for a writ of certiorari to quash the order of government of 28th july 1976 and the high companyrts order dated 31st july 1976 passed on the administrative side.
the appellant also indicated in his letter that although he served the requisite three months numberice he proposed to make over charge by the afternumbern of 2nd august 1976.
he attained the age of 50 years on february 29 1976.
on july 1 1976 the governumber of assam by a numberification of that date was pleased to allow shri d. c. sangma to retire from this state govt.
by this numberice the appellant formally intimated to the government that he propose d to voluntarily retire from the service and requested the government to treat that as a formal numberice under f.r.
order and thus to companytinue the appellant in service.
the judgment of the companyrt was delivered by goswami j. the appellant shri dinesh chandra sangma was a district and sessions judge at dibrugarh in the state of assam.
v. choudhury for the respondent.
after serving for about twenty years under the government on account if certain domestic troubles he did number want to companytinue in service after his attainment of 50 years of age.
while the government by a letter dated 4th december 1976 declined to recall the order of revocation the high companyrt by a letter of 7th december 1976 directed the appellant to join his post at dhubri within ten days on pain of disciplinary action.
k. sen niren de and s. k. nandy for the appellant.
