Dr. Renu Singh vs State Of Uttarakhand & Ors
2021 Latest Caselaw 4792 UK

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
               Writ Petition No.546 (S/B) of 2021


Dr. Renu Singh                                            ...............Petitioner

                                     Versus

State of Uttarakhand & Ors.                                ......Respondents

Present:
Shri Sahil Mullick, Advocate for the petitioner.
Shri K.N. Joshi, Deputy Advocate General for the State.

Shri S.K. Mishra, J.

Shri N.S. Dhanik, J.

Date of hearing and judgment: 29.11.2021

1. Heard Shri Sahil Mullick, counsel for the petitioner and Shri K.N. Joshi, Deputy Advocate General for the State.

2. In this writ petition, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondents to accept his Voluntary Retirement application dated 01.04.2021 (Annexure No.6 Colly); and be pleased to relieve the petitioner forthwith, directing the respondents to settle her retirement/pensionary and other commuted superannuation benefits.

3. It is stated by the learned counsel for the State that at present the Managing Committee is not functioning as it has been dissolved and the District Magistrate is the Ad hoc Managing Committee as per the provisions governing the institution. Similar matters came up before the Division Bench of this Court presided by the Hon'ble Chief Justice of this Court wherein the petitioner was not allowed to relieved from her post to join a better posting in Doon University only because the administrator was not available. In such a situation, it creates rather difficult situation and whoever In-Charge

take a decision should take a decision. It is stated before us that respondent no.3, the District Magistrate, Dehradun, is sitting over the matter and is not taking any decision on the application of the petitioner of Voluntary Retirement Scheme by not appending his recommendations/opinions.

4. In that view of the matter, the writ petition is disposed of directing the District Magistrate, Dehradun the respondent no.3 to take a decision on the application filed by the petitioner for Voluntary Retirement under the Scheme and also forward the same to the Joint Director, Regional Office (Higher Education), Dehradun. The Government of Uttarakhand, Dehradun through the Principal Secretary (Higher Education) shall take a decision on the same, according to law without any further delay. The entire exercise shall be completed within a period of 30 days from the date of production of a certified copy of this order along with a copy of the brief before the respondent nos.3 and 4, simultaneously.

5. The learned counsel for the petitioner undertakes that the petitioner shall produce certified copy of this order along with the copy of the brief before respondent nos.3 and 4 within a period of 10 days.

(N.S. Dhanik, J.)                            (S.K. Mishra, J.)

                           29.11.2021
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