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Madras High CourtWP/31187/2017disposed of

A.K.Vallimanalan, v. The Director General,

2017-11-30Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.31187 of 2017 A.K.Vallimanalan ..

Petitioner -vs1. The Director General CRPF, CGO Complex Lodhi Road New Delhi 110 003

2. The Inspector General of Police (Training) Training Directorate, CRPF Sector-I, R.K.Puram New Delhi 110 066

3. The DIGP/Principal Recruit Training Centre Group Centre, CRPF Avadi, Chennai 600 065

4. The Commandant 85 Bn., CRPF Naimed Camp Bijapur, Chhattisgarh ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the petitioner's request for voluntary retirement from service in the present station itself, namely, Recruit Training Centre (RTC), Group Centre, Avadi, Chennai and process the same in accordance with law within a time limit stipulated by this Hon'ble Court.

For Petitioner :: Mr.P.Mohanraj For Respondents :: Mr.K.Srinivasamurthy Central Govt. Standing Counsel

ORDER

This writ petition has been filed seeking a mandamus directing the respondents to consider the petitioner's request for voluntary retirement from service in the present station itself, namely, Recruit Training Centre (RTC), Group Centre, Avadi, Chennai and process the same in accordance with law.

2. When the matter was taken up, the learned Central Government Standing Counsel for the respondents submitted that the petitioner should join in the transferred place and make his application seeking voluntary retirement, citing that he has rendered sufficient years of service. However, since the petitioner's application seeking voluntary retirement is not in the prescribed format, learned Central Government Standing Counsel submitted that if he makes a fresh application in the prescribed format, the same would be considered as per the Rules.

3. In reply, the learned counsel for the petitioner submitted that the petitioner has rendered 26 years of service. Therefore, he is eligible to make his request for going on voluntary retirement. Moreover, he has also submitted that the respondents have given the petitioner time till the end of December, 2017 to join the transferred place.

4. I could see from the records that the petitioner had sustained bone fracture of his left leg ankle thalus on 1.1.2016 while on duty. Therefore, the petitioner is hereby directed to submit his application for voluntary retirement in the prescribed format within a period of one week from the date of receipt of a copy of this order and the respondents shall consider the same on merits and pass appropriate orders in accordance with law within a period of one month thereafter. With this direction, the writ petition stands disposed of accordingly. Consequently, W.M.P.No.34225 of 2017 is closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ss

To

1. The Director General CRPF, CGO Complex Lodhi Road New Delhi 110 003

2. The Inspector General of Police (Training) Training Directorate, CRPF Sector-I, R.K.Puram New Delhi 110 066

3. The DIGP/Principal Recruit Training Centre Group Centre, CRPF Avadi, Chennai 600 065

4. The Commandant 85 Bn., CRPF Naimed Camp Bijapur, Chhattisgarh +1 cc to M/s.J.Lakshmi Advocate sr 85154 +1 cc to M/s.K.Srinivasamurthy Advocate sr 85207 W.P.No.31187 of 2017 aa14/12/2017