Supreme Court of India · 1977-10-05
DINESH CHANDRA SANGMA vs STATE OF ASSAM & ORS.
- Citation / case number
- SC 1977/61827
- Court
- Supreme Court of India
- Petitioner
- DINESH CHANDRA SANGMA
- Respondent
- STATE OF ASSAM & ORS.
- Author
- P.K. GOSWAMI
- Bench
- P.K. GOSWAMI
Judgment text excerpt
The Supreme Court held that under FR 56(c), once the conditions for voluntary retirement are fulfilled, the consent of the Government is not necessary for it to take legal effect. The Court clarified that the relationship between the Government and its employees is primarily one of status rather than contract, except in cases of written contracts. The appeal was allowed, overturning the High Court's decision that had deemed the appellant's refusal to join as abandonment of service under Rule 119(3) of the DISI Rules.