LAWS(DLH)-2005-10-45

KULDIP GANDOTRA Vs. UNION OF INDIA

Decided On October 07, 2005
KULDIP GANDOTRA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) -The petitioner Mr. Kuldip Gandotra has filed the present writ petition against the order dated 13th September, 1993 passed by the Rashtriya Pariyojna Nirman Nigam (hereinafter referred to as respondent No.2, in short) accepting his request for voluntary retirement and stating that he shall be relieved from the service on 22.9.1993. It is a case of the petitioner that the order dated 13th September, 1993 was received by him on 18th September, 1993 but before the said date he had on 14th September 1993 withdrawn his application and retracted his request for voluntary retirement.

(2.) In nutshell the case of the petitioner is that before the acceptance of his offer to go on voluntary retirement by the respondent No.2, the petitioner was competent to withdraw his offer and in fact he had withdrawn his offer to go on voluntary retirement and, therefore the acceptance communicated and received by him on 18th September, 1993 is illegal and void ab initio as no concluded contract came into existence.

(3.) To appreciate the controversy, certain facts may be noted.