PRADEED KUMAR SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. P.K. Khare, learned counsel for the petitioner as well as learned Standing Counsel and perused the record.

(2.) THE petitioner has challenged the order of voluntary retirement dated 20.01.2009 issued by the Assistant Director, Higher Education, U.P., Lucknow and also the order of approval of his resignation dated 20.01.2000 issued by the Director, Higher Education, U.P., Allahabad.

(3.) THE petitioner was initially appointed as Clerk in Dayanand Subhash National Degree College, Unnao in the year 1974, subsequently he was promoted to the post of Senior Clerk in the year 1988. Since he was suffering from skin disease, he was mentally disturbed and therefore, he proposed to retire voluntarily vide letter dated 20.01.2000. His proposal was forwarded by the Committee of Management of the college to the Director, Higher Education, U.P., Allahabad i.e. opposite party no. 2 for his approval. The opposite party no. 2 accepted his proposal vide order dated 20.01.2000 and communicated to the Committee of Management which was received to it on 02.02.2000, thereafter it was communicated to the petitioner. However, vide letter dated 09.02.2000, the petitioner withdrew his proposal of voluntary retirement. It is stated that even after submission of voluntary retirement proposal, the petitioner has been working in the college, therefore, when the petitioner's representation for withdrawal of voluntary retirement raised, the opposite party no. 2 called upon the Committee of Management to show cause as to how the petitioner is permitted to continue in service after acceptance of his voluntary retirement. The Committee of Management of the college (opposite party no. 6) submitted his explanation and also requested to allow the petitioner to continue in service in the light of decision of the Hon'ble Supreme Court rendered in the case of Shambhu Murari Sinha v. Project and Development India Ltd and another, 2002 AIR(SC) 1341.