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Rabindra (partner)     19 September 2014

Voluntary retirement

Dear Friends

I was a State Government Servant since last 12 years. Recently I applied for another job in another Government through proper channel. I was selected for the position, I applied for lien. But my organisation was making long delay. So I approached the High Court and prayed for lien. In the prayer portion of my writ petition, I only prayed for Lien. However, as per wrong advice by my lawyer, in the petition at some place it was written that if lien cannot be granted, then I may kindly be given voluntary retirement from service. Upon hearing, the court ordered to release me on voluntary retirement. I was shocked for loosing a secured job. Then, I again appealed before the same Court for recalling and disposing the order. But they very next day I filed this appeal, I was being handed over my release order by my Employer. I was shocked and was bed ridden for few weeks. Then I moved my appeal before the High Court. Recently this appeal has been rejected on the ground that I have been released already.


Can you please advice me whether and how I can get back my job?


Thanks



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     20 September 2014

As per your descripttion you are at dead end.  You were not entitled for VR with 12 years of service.  Now you can only plead for pension which deptt will deny you as you are neither:-

 

(i)   discharged or medical grounds

(ii)   VR with 20 years of service.

(iii)  compulsorily retired as a matter of disciplinary ground.

 

So you will have to litigate.


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