H S CHHADIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was appointed as a Phone Inspector with effect from 13/1/19975 with the respondent - BSNL. While he was serving as a Special Grade Phone Inspector at Rajkot, by his letter dated 20/11/2000 he requested for voluntary retirement from service due to unavoidable circumstances with effect from 28/2/2001. The said application was processed immediately by the respondents but before its acceptance he applied for withdrawal of his voluntary retirement application on the ground that he was already selected for the post of JTO and therefore he decided to join the training for JTO immediately. The said withdrawal application was granted by the authorities. Therefore, he continued to remain in service.

(2.) On 17/1/2002 he once-again applied for voluntary retirement from service (Annexure-B) on the ground that due to unavoidable circumstances he was not able to render his services and the same may be treated as three months notice. Accordingly he applied for voluntary retirement from service under rule 48-A of the Central Civil Services (Pension) Rules (for short 'Pension Rules'). However, before the acceptance of his voluntary retirement application dated 17/1/2002, within 11 days thereof he applied for withdrawal of his application of voluntary retirement by his letter dated 28/1/2002 (Annexure-C). No decision was taken on it. Therefore, once-again on 19/2/2002 he made an application for withdrawal of his voluntary retirement notice (Annexure-D) wherein he had stated that he had responsibility of his brother, who was mentally retarded and his young daughter aged 22 years. It seems that without properly considering subsequent applications withdrawing his applications for voluntary retirement, a decision was taken on 26/3/2002 (Annexure-A) by the authority to retire petitioner voluntarily with effect from 17/4/2002 and accordingly Divisional Engineer (E/M) KR Exchange, Rajkot was asked to intimate to the petitioner that his application of withdrawal of voluntary retirement application was not accepted. This has been challenged by the petitioner in this petition.

(3.) When this petition was initially placed before the Division Bench of this Court on 16/4/2002, reliance was placed on the judgment of the Hon'ble Supreme Court rendered in the case of Shambhu Murari Sinha v/s. Project and Development India Ltd., 2002 AIR SCW 1165. Considering the said judgment of the Hon'ble Supreme Court, Division Bench of this Court straightaway admitted this petition and fixed it for final hearing on 6/5/2002 and by a brief reasoned order also granted ad-interim relief in terms of para. 13 (C), whereby the impugned decision dated 26/3/2002 (Annexure-A) taken by the authority not accepting his application of withdrawal of voluntary retirement application and directing him to retire voluntarily with effect from 17/4/2002, was stayed. The said interim relief is in operation till today. Thus, under the interim orders of the Court the petitioner is continued in service.