LAWS(ALL)-2003-5-142

UNION OF INDIA Vs. SANOHAR

Decided On May 05, 2003
UNION OF INDIA Appellant
V/S
Sanohar Respondents

JUDGEMENT

(1.) THIS writ petition has been filed against the judgment and order of the Central Administrative Tribunal, Allahabad, dated 29th January, 2003, by which the claim of the respondent No. 1 has been accepted and the order of acceptance of his application for voluntary retirement has been quashed.

(2.) FACTS are not in dispute. Respondent No. 1 employee, made an application on 8.6.2000 for voluntary retirement w.e.f, 20.6.2000. It was accepted by the authorities on 13th June, 2000. However, prior to 20th June, 2000, application for withdrawal was filed and it was received by the petitioner employer, but the said application was rejected vide order dated 24th June, 2000. Feeling aggrieved he filed an application before the Tribunal on 30th September, 2000, which has been accepted. Hence, this petition.

(3.) ON the contrary, Shri Kamlesh Kumar Tewari, learned Counsel appearing for the respondent No. 1 has submitted that if the retirement was to be effective with a prospective date the applicant has a right to withdraw prior to the said order of acceptance becomes effective. Thus, no fault can be found with the impugned judgment and order and petition is liable to be dismissed.