RAJASEKHARAN NAIR S Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein who is working as Selection Grade Lecturer in History in the college managed by the second respondent, seeks for a direction to continue him in service until 31/03/2010, in spite of submission of an application for voluntary retirement.

(2.) The dispute herein involves an application submitted by the petitioner seeking voluntary retirement from service which he has sought to withdraw. The management resists the withdrawal on the ground that they have already accepted the application. The legal effect of the withdrawal is the issue to be decided in the writ petition.

(3.) The petitioner made a request to the Manager seeking voluntary retirement on 17/03/2009. A copy of the same is produced as Ext. R2(a). The voluntary retirement sought for is with effect from 30/06/2009. It was submitted to the Manager through the Principal. Ext. P1 is the letter given by the petitioner seeking to withdraw Ext. R2(a). This is dated 03/06/2009. Ext. P2 is the reply given to the Principal on 05/06/2009 whereby it was informed that Ext. P1 can have relevance only if the Manager does not take any steps on the application seeking voluntary retirement till the end of June. Again, the petitioner submitted Ext. P3 dated 12/06/2009 to the Manager seeking to withdraw the voluntarily retirement application and allow him to continue in service. Finally, by Ext. P4 dated 16/06/2009, the Principal forwarded an order dated 30/05/2009 produced as Ext. P5, whereby the 'Management has permitted the petitioner to retire voluntarily subject to the relevant rules in the KSR - R.56 Part III, with effect from 30/06/2009.' It is in these circumstances, that the petitioner has approached this Court.