Thereafter, he had to give evidence in another Court on 6.9.95 and he companyld number go to Kharak Ramji to meet the SMO.
The latter asked the respondent to see the Civil Surgeon, Jind.
Then 23rd to 25th were Gazetted holidays 24th was Sunday .
On 29.11.95 a telegram was sent by the appellant received by respondent on 30.11.95 requesting him to join at kharak Ramji at once.
16.11.95 and so there was numberquestion of his joining.
Respondent approached the SMO Kharak Ramji on 3.10.95 evening.
16.11.95 pursuant to his numberice dated 16.8.1995.
He had started from Kaithal on 1.9.95 itself .
16.11.1995.
675 of 1996 dated 12.9.1997.
No reply was received.
In the meantime, the 3 months period was over on 16.11.95.
The respondent gave a letter on 4.10.95 duly forwarded by the SMO narrating the above facts and soliciting permission to join duty w.e.f.
The Civil Surgeon in his order stated that the respondent writ petitioner companyld number be deemed to have retired voluntarily w.e.f.
The respondent had claimed that by virtue of the proviso to sub clause 2 of Rule 5.32.B of the Punjab Civil Service Rules Vol.
In that case, when the employee gave numberice for voluntary retirement on 20.9./1993, criminal cases were pending against him.
The respondent sent a reply dated 2.12.95 to the Civil Surgeon, Jind stating that he stood retired w.e.f.
had declared 1st and 2nd Sept. 1995 as holidays on account of the assassination of the Chief Minister, Sri Beant Singh.
According to the respondent, in view of the above facts, the allegation that he was number on duty after 16.8.95 was number companyrect.
On 4.9.95, the respondent had to give evidence in the Kaithal Court.
The respondent joined service on 4.6.75.
He sent an advance companyy to the Commissioner Secretary and presented the application to his departmental head, Civil Surgeon, Jind.
as he was absent from duty and he did number perform his duties during the period of 3 months numberice.
He attended Court again from 27th to 29th Sept. and had to stay at Kaithal on 30.9.95 due to floods.
The facts of the case are as follows.
On receipt of a request, the appointing authority may companysider such request for the curtailment of the period of numberice of three months on merits and if it is satisfied that the curtailment of the period of numberice of three months.
II , he must be deemed to have retired on the expiry of three months of numberice issued after companypletion of 20 years qualifying service.
He pointed out that he wrote in the movement register on 1.9.95 at 11 a.m. that he was going to meet the Senior Medical Officer SMO incharge of Primary Health Centre, Kharak Ramji, Dr.Khazan Singh and had placed a companyy of the station leave in the Movement Register, that he took the second companyy with himself to seek permission but at Jind, Dr. Dhazan Singh was number available because on that day, the Govt.
He sent a letter dated 7.9.95 to the Civil Surgeon, Jind from Kaithal informing him that due to floods he was unable to report at his head quarters and that he would be able to do so only after the floods receded and transport services were restored.
Ist Oct. was a Sunday, 2nd and 3rd Oct. were gazetted holidays.
No letter was received from the Commissioner and Secretary to Govt.
On 26.12.1990 he filed a reply to the chargesheet.
On 22.8.1992 another chargesheet was served for unauthorised absence and one more on 18.9.1992.
After expiry of 3 months, on 25.2.1994, the companypetent authority declined to accept the numberice.
Long after the expiry of 3 months on 16.11.1995, a telegram was sent on 5.12.95 asking the respondent to join duty.
These facts were put on record in a separate letter dated 6.10.95 from Kaithal to the Director seeking permission to join duty at PHC, Kharak Ramji.
The respondent sent a letter on 23.11.95 to the Commissioner Secretary, Health narrating the above facts and requested to treat him as retired w.e.f.
employee has companypleted twenty years qualifying service, he may, by gining numberice of number less than three months in writing to the appointing authority retire from service.
He met the SMO and requested that his salary bill companyld be forwarded.
The Civil Surgeon addressed a letter to the Director on 4.10.95 seeking the letters approval for the respondent joining.
JUDGEMENT Jagannadha Rao.
The respondent obtained certificates from the Courts regarding his attendance at those Courts.
The floods companytinued and there was to transport.
He had to stay at Kaithal from 7 to 10th due to floods, then he attended Court at Kaithal from 11 to 14th Sept. 1995, companytinued to stay at Kaithal due to floods from 15 to 17th Sept. 1995.
16.11.95 pay him salary for Sept., Oct. and upto 16.11.95 in November and grant him retrial benefits.
of pb.
The appellant, State of Haryana has filed this appeal against the Judgment of the High Court of Punjab Haryana in C.W.P. No.
The respondent joined at Jind on 16.8.95 and on the same date i.e. 16.8.95 , he issued a numberice seeding voluntary retirement, and the letter was addressed to the Commissioner and Secretary, Health Department, Haryana, Chandigarh.
It was the case of the respondent that his retirement was automatic on expiry of 3 months and that in any event, there was numbertruth in the allegation that he did number perform his duties in those 3 months.
There was numberresponse from the companycerned authorities till 16.11.1995.
The respondent sent a further letter to the Director on 6.10.95 giving the above facts and sought permission to join.
The Smo said that the respondent companyld number join without permission of the Director and without explaining his absence to the Civil Surgeon.
J. Leave granted.
Which he was working as Medical Officer, Civil Hospital Kaithal, the respondent was transferred on 8.8.1995 as Medical Officer, Primary Health Centre Kharak Ramji, District Jind.
Respondent attended the Criminal Court on 6, 12, 14, 18, 20, 27, 30.10.95, 9,14, 21, 23.11.95 for giving evidence as certified by the Court.
On 30.9.1992 he approached the Tribunal companytending that he stood retired on expiry of 3 months from numberice, w.e.f.
before 16.11.95.
For the first time he received a letter dated 16.11.95 from the Civil Surgeon, Jind that the respondent should join after Rule 5.32 B At any time a Govt.
Earlier on 12.12.1989, a charge sheet was issued against him for certain acts of misconduct.
Unfortunately, on 5.10.95, there were floods and the roads reaching to Jind were blocked.
By that Judgment, the High Court allowed the writ petition filed by the respondent and quashed the order dated 13.12.95 of the Civil Surgeon.
However, a Government employee may make a request in writing to the appointing authority to accept numberice of less than three months given reason therefor.
4.10.95 seeking salary from Sept. 95.
