GENERAL MANAGER TELECOM DISTRICT Vs. N LALITHAMMA

JUDGEMENT

(1.) Heard Sri C.V. Ramulu, the learned senior Standing Counsel for Central Government, appearing for the petitioners and Mr. T.V.V.S. Murthy, the learned Counsel appearing for the respondent.

(2.) The General Manager, Telecom District, West Godavari, Eluru and two others are the petitioners in this Writ Petition. Being aggrieved against the order dated 6-11-2000 passed by the Central Administrative Tribunal, Hyderabad Bench in O.A.No. 743 of 2000, the present Writ Petition has been filed to quash the said order.

(3.) It is averred in the affidavit filed in support of the Writ Petition that the respondent herein while working as Chief Telephone Supervisor at Trunk Exchange, Tadepalligudem was relieved on 28-4-1990 to work on deputation basis at Vijayawada for a period of two years on her specific request on domestic grounds. She, however, continued to work on deputation at Vijayawada even after 28-4-1992 unauthorisedly. When she was asked to report back to Tadepalligudem on several occasions, she reported to West Godavari Telecom District only on 10-6-1999. It is evident from the record that out of 146 days after joining in West Godavari Telecom District, she has worked only for 19 days. While so, the respondent submitted a representation dated 2-8-1999 seeking voluntary retirement, wherein she requested the General Manager, Telecom, Eluru SSA - 1st petitioner herein - to waive the stipulated notice period of three months and allow her to retire as early as possible. The General Manager accepted her offer to retire voluntarily, on 20-9-1999. While so, she conveyed her intention of withdrawing the earlier notice vide her subsequent representations dated 14-9-1999 and 20-9-1999. But, according to the Department, only the direct copy of the representation dated 20-9-1999 of withdrawal of her notice for voluntary retirement was received and the copy sent through proper channel was received by the competent authority on 27-9-1999 by which time the approval for voluntary retirement had already been conveyed by the competent authority. In fact, the General Manager, Telecom District, West Godavari addressed a letter to the respondent dated 20-9-1999 advising her to submit pension papers and the request for cancelling the earlier representation for voluntary retirement was received subsequently by the General Manager, Telecom, West Godavari District only on 27-9-1999, i.e., after the earlier application of the respondent for voluntary retirement was accepted by the competent authority.