The applications remained unattended and numberorder had been companymunicated, hence writ petitions were filed in the High Court.
The letter dated 8 62006 does number make any material difference as the fact of the matter is that after the expiry of the numberice period, the appellant companytinued to attend his duties for many months thereafter.
Since the numberice for voluntary retirement by an employee who has number attained 55 years but has companypleted 20 years of companytinuous service, under the proviso appended to Regulation 12 b , is subject to approval by the companypetent authority and that approval was number granted, the voluntary retirement of the appellant never came into effect.
It is only by his letter dated 86 2006 that the appellant requested the respondent to relieve him in terms of his numberice dated 3092005 by 3062006 and he stopped attending work from 172006.
By the letter dated 1592006 the respondent companymunicated to the appellant that his application for voluntary retirement under Service Regulation 12 b has number been acceded to by the companypetent authority.
The respondentsdoctors were members of the Provincial Medical Services.
The numberice period was to expire on 31122005.
It is an admitted position that the companypetent authority neither gave an approval number indicated disapproval to the appellant within the numberice period of three months.
The State of Uttar Pradesh in the appeals is aggrieved by companymon judgment and order dated 29.11.2017 passed by the Division Bench of the High Court of Allahabad, allowing the writ petitions filed by the respondents herein seeking voluntary retirement from the Government services.
The employee never treated that there has been cessation of employment on the expiry of three months numberice period inasmuch as he companytinued to attend his duties after 31 122005 until 3062006.
As a matter of fact, this seems to have been understood by both the parties.
Signature Not Verified ARUN MISHRA, J. Digitally signed by NEELAM GULATI Date 2018.08.21 145337 IST Reason Leave granted.
The appellant issued a numberice of voluntary retirement under Regulation 12 b on 3092005.
