my dear friend,
when you know 20 years are needed for voluntary retirement, after 12 years of service you are allowed voluntary retirement by hon high court , as you needed study leave, is it not?
Let us say you do not know, as you are not a law knowing person but some administrative man in state service.
when so you are given voluntary retirement under presumed deemed 20 years service rule principle, when so you can issue the Notice to the state government authority u/s 80 CPC why they did not argue then and there that the appellant had in the state not completed 20 years service rule fitment for voluntary retirements and ;
the state suppressed to inform the rule relating of 20 years to get voluntary retirement to be permitted; and thus the state authority committed perjury against court;, if the state informed probably court may not have allowed your plea for study leave; if that were so, naturally you would be in the same service on a continuous basis; and you would have worked at least another 8 years more and earned your legitimate voluntary retirement, as pension is a legitimate expectation of an employee if he works 5 years or more like in gratuity case under gratuity statute or law, whartever you may choose to call
so the state govt committed contempt of court by not pleading the 20 year service rule and state govt authority is punishable under contempt of court, so you can inform the state why you should not file contempt of court proceedings against state for suppression of rule of 20 year minimum condition for voluntary retirement, as court may not have recollected then, after all courts work on a serious burden of over whelming cases invariably filed by state and central governments.
second plea the authority made unnecessarily made the state to pay you voluntary retirement benefits, if paid; then, they cut into tax payers funds to state;
if not paid, but just accepted resignation and treated as voluntary resignation in records purposes they again committed double jeopardy that is the state authority committed clear contempt, under perjury on hon court ,as also perjury against State;
as the authority chose to play clever with hon court; when they allowed you so called voluntary retirement ,by not paying voluntary retirement benefits;
if paid the authority again committed another contempt against State service rules which is again tantamounting to third or fourth perjury,;
and as such your notice seeks under what rules of procedure they should stop proceeding against the authority ;
and if reply is not forthcoming with in 21 days of receipt of your Notice from the Authority, you would presume, they have no suitable reply to your Notice;
and thus you would be compelled to file contempt of court and contempt of State rules as also perjury cases against state ;
Again you ask in your Notice when voluntary resignation order of court is given effect, neither court nor State considered the voluntary resignation position granted to you automatically confers on you the right for pension;
as pension is a fundamental property right under Art 31 to be read under Art 30O,;
Chandrakumar judgement by SC, thus, you can invoke, your fundamental right property doctrine as explained in the said case law by a constitutional bench;
, you seek from the state authorities what is their position that you should not proceed against them by law ;and if so, ask them to furnish the relevant provisions from service law jurisprudence or any statute, not supporting your position by relevant sections of service rules or relevant statutes you are governed by, in the state.
If no response is provided to you within 21 days of the Notice u/s 80 of CPC 1908, you would presume that the state has no suitable response and accordingly another contempt the authorities committed against constitution of India and thus you would use Art 226 Writ before HC.
Look for replies in 21 days of each Notice, send separate Notices under each perjury and contempt laws, that would make them make contrary claims which would turn against them under conflict of their own claims that in the end a compromise might be struck by state with you like giving you job treating your absence as some extraordinary leave under special Governor's Order as a GO or they might grant you pension treating your 12 years service as deemed 20 years service for purposes of pension,
Always study leave is granted without pay and allowances maximum for two years subject to extensions, if your study is anyway helpful to the State as such, none can deny any one's betterment by education under Art 19 r/w Art 21'
Study leave need not necessarily be helpful to stat,e but for the betterment of a person as a citizen of a country.
In these circumstances you can eclipse the authority; regards