KISHORE KUMAR VYAS Vs. STATE OF C G

JUDGEMENT

(1.) BY this petition, the Petitioner seeks a writ of certiorari to quash the impugned order dated 19-9-2005, whereby the application of the Petitioner to retire voluntarily from services with effect from 31-10-2005, was granted, despite the fact that the Petitioner had by his subsequent letter dated 8-9-2005 requested the Respondents/authorities to withdraw his application dated 30-7-2005.

(2.) THE indisputable facts, which are in narrow compass, are that the Petitioner, who was working as Chief Engineer (Generation) in Chhattisgarh State Electricity Board (hereinafter referred to as "CSEB"), made an application on 30-7-2005 (Annexure P/l) to the Respondents/Board requesting for voluntary retirement from services with effect from 31-10-2005. On 8-9-2005 the Petitioner submitted second application (Annexure P/2) seeking withdrawal of the earlier application dated 30-7-2005 (Annexure P/l) on the ground that his health has improved and he would be able to serve very soon. THE Respondents/Board accepted the application of the Petitioner dated 30-7-2005 (Annexure P/l) on 19-9-2005, permitting the Petitioner to retire voluntarily from services with effect from 31-10-2005. THE Petitioner, thereafter, again made two representations dated 25-10-2005 (Annexure P/4) and 5-11-2005 (Annexure P/5) requesting the Respondents/Board to cancel the order dated 19-9-2005 in view of the fact that prior to acceptance of his application for voluntary retirement from services, the Petitioner had withdrawn the same on 8-9-2005.

(3.) PER contra, Shri A.S. Gaharwar, Learned Counsel appearing for the Respondents No. 2 and 3 relies on Clause 6 of the Voluntary Retirement Regulations, 1989 (hereinafter, referred to as "the Regulations"), in support of his contention that under the provisions of the Regulations, once the Petitioner has exercised his option for voluntary retirement, the same shall be final and the Petitioner would not be permitted to make second application for withdrawal of the earlier application for voluntary retirement. He further contended that the letter dated 30-7-2005 (Annexure P/1) was accepted before the subsequent letter dated 8-9-2005 (Annexure P/2) for withdrawal of the earlier application dated 30-7-2005 (Annexure P/1) on 6-9-2005. He has produced record and proceedings in support of his contention.