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But, simply because there may be, in a given case, a contractual employment as envisaged under Art.
[612C-D] (2)While the Government reserves its right to compulsorily retire a Government servant under FR 56(b) even against his own wish, there is a corresponding right of the Government servant under FR 56(c) to voluntarily retire from set-vice by giving the Government three months' notice in writing. 185, applied (4)The rubric of Rule 119 of the DISI Rules is "essential services" and this rule occupies a place in Part XII of the DISI Rules with the title "Essential Supplies and work".
Consequent to the Notification dated July 1, 1976, by the Government permitting the appellant to retire with effect from 2-8- 1976, the High Court allowed him to go on one month's leave preparatory to retirement with effect from 2-7-1976, on which date he relinquished his charge of office.
309 of the Constitution by a Notification dated 22nd July 1975, intimating the Government that he "propose(d) to voluntarily retire from the service with effect from 2nd August 1976" and requesting the later to treat that as a formal notice under FR 56.
HEADNOTE: The appellant, a District & Sessions Judge, served a notice on the Government under FR 56(c), as amended by the Government of Assam under Art.
Voluntary retirement under FR 56(c)-Consent of the Government is not necessary to give legal effect to the voluntary retirement once the conditions in FR 56(c) are fulfilled.
37 and Defence and Internal Security of India Rules, rule 119(3) and (5), scope of-Whether Rule 119 is super-imposed on Fundamental Rules-Rule 56(c).
SINGH, JASWANT CITATION: 1978 AIR 17 1978 SCR (1) 607 1977 SCC (4) 441 CITATOR INFO : E 1978 SC1109 (7) ACT: Defence and Internal Security of India Act, 1971, s.
The High Court held that FR 56(c) "is subject to compliance with clause (3) of Rule 119 of DISI Rules 1971 and that since the Government revoked the earlier permission granted by it to the appellant to retire from service, the appellant could not voluntarily retire and his refusal to join the service amounted to abandonment of service within the meaning of Rule 119(3) r/w Explanation 2 of the DISI Rules.
Allowing the appeal the Court, HELD : (1) Article 310(2) of the Constitution is a special provision which deals with a special situation where a contract is entered between the Government and a person appointed under the Constitution to hold a civil post.
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