IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 CWP-25064-2019 Date of decision: 07.07.2025 DR. RAM NIWAS BOORA ......Petitioner VERSUS STATE OF HARYANA AND OTHERS .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ ***** Present: - Mr. Sudhir Hooda, Advocate for the petitioner. Mr. Rahul Dev, Addl. A.G. Haryana. ***** VINOD S. BHARDWAJ, J. (Oral) Prayer in the present writ petition is for seeking directions to the respondents to accept the application submitted by the petitioner for grant of voluntary retirement from the Government service on completion of 20 years of service. 2. Counsel contends that the petitioner joined the respondents as Medical Officer on regular basis on 25.05.1997. Petitioner suffered from Diabetes after an acute attack of Pancreatitis and proceeded on medical leave since 21.11.2017. He is unable to perform his duties and hence he submitted his application for voluntary retirement in January, 2019 on having VISHAL SHARMA 2025.07.15 15:57 I attest to the accuracy and integrity of this document CWP-25064-2019 -2- completed 20 years of service. Aggrieved of its non-acceptance, the instant petition has been filed. 3. Learned State Counsel, on the other hand, contends that the petitioner has not completed 20 years of service since he absented from duty w.e.f. 06.10.2003 to 04.02.2008 i.e. 04 years and 04 months which was decided as Extra Ordinary Leave. He further availed earned leave for 115 days and did not join even till submission of application for voluntary retirement in January, 2019 on medical grounds. For completing the qualifying service for seeking voluntary retirement as per Rule 146 of Haryana Civil Services (General) Rules, 2016, the Extra-Ordinary leave is excluded as per Rule 8 of Haryana Civil Services (Pension) Rules, 2016. Hence, he has not completed 20 years of service and is not entitled to voluntary retirement. 4. Learned Counsel appearing on behalf of the petitioner, however, submits that Rule 146 (2) of the Haryana Civil Services (General) Rules, 2016 deems voluntary retirement to come into effect from the date of the permission is not declined, however, he would be satisfied in case the respondents take a conscious decision on his request and determine whether he is entitled to the said benefits or not. 5. Learned State Counsel submits that they would have no objection in taking a decision with respect to the request of the petitioner for seeking voluntary retirement in a time bound manner and that the necessary decision on the prayer made shall be taken within a period of three months of receipt of a certified copy of this order. VISHAL SHARMA 2025.07.15 15:57 I attest to the accuracy and integrity of this document CWP-25064-2019 -3- 6. Accordingly, the present petition is disposed of with the consent of the parties and without commenting anything on the merits of the case, by directing respondent No.1-Additional Chief Secretary to Govt. of Haryana, Health Department, Chandigarh to take a decision on the request of the petitioner for grant of voluntary retirement, in terms of the applicable statutory provisions, within a period of three months of a receipt of certified copy of this order in terms of the undertaking given before this Court today. (VINOD S. BHARDWAJ) JULY 07, 2025 JUDGE Vishal Sharma Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No VISHAL SHARMA 2025.07.15 15:57 I attest to the accuracy and integrity of this document