AJAY KUMAR PATHAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 09.11.2009 (Annexure P-1), whereby, the application of the petitioner for voluntary retirement dated 31.10.2009 (Annexure P-2) was passed for voluntary retirement, w.e.f. afternoon of 31.01.2011, without considering the application dated 09.11.2009 (Annexure P-3) seeking withdrawal of the application dated 31.10.2009 (Annexure P-2).

(2.) THE facts, in brief, relevant for adjudication, in narrow compass, is that the petitioner, who was working as Joint Controller, Weights & Measurement, in the State of Chhattisgarh, made an application under the provisions of Rule 42(1)(a) of the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short "the Rules, 1976") on 30.10.2009 for voluntary retirement w.e.f. afternoon 31.01.2010. Thereafter, the petitioner filed an application on 09.11.2009 (Annexure P-3), seeking withdrawal of the earlier application dated 31.10.2009, for voluntary retirement, which was to come into effect w.e.f. 31.01.2010, but despite that the impugned order granting permission for voluntary retirement w.e.f. 31.01.2010 was passed.

(3.) FURTHER, in Nand Keshwar Prasad v. Indian Farmers Fertilizers Cooperative Ltd. & Others, the Supreme Court observed as under: