D Y K REDDY Vs. DIVISIONAL SECURITY COMISSIONER

JUDGEMENT

(1.) IN this writ petition, the petitioner who was working as Head constable Driver Grade-II in Railway protection Force questioned the proceedings no. D/xp. 579/l/vol. V (Divisional Order no. 89/96) dated 24. 4. 1996 by which his representation for voluntary retirement was accepted.

(2.) PETITIONER was appointed in Railway protection Force on 1. 11. 1973. Initially he was appointed as Constable and thereafter promoted as Head Constable Driver Grade- III in January 1980 and further promoted as Head Constable Driver Grade - II in 1992. Stating the ground of ill health, petitioner himself made a representation on 29. 1. 1996 for voluntary retirement and retired from service vide impugned proceedings dated 24. 4. 1996 issued by respondent No. 1 accepting the representation made by the petitioner. It is the grievance of the petitioner that though he made representation for voluntary retirement on the ground of his ill-health, but soon after his recovery he also made a representation dated 22. 3. 1996 for withdrawal of his earlier representation dated 29. 1. 1996. But, in spite of the same, respondent No. l has issued the impugned proceedings accepting the petitioner's earlier representation dated 29. 1. 1996 for voluntary retirement.

(3.) THE Senior Security Commissioner of the Railway Protection Force has filed counter-affidavit on behalf of the respondents generally denying all the allegations made by the petitioner. It is categorically stated that they did not receive any representation dated 22. 3. 1996 from the petitioner for withdrawal of his earlier representation dated 29. 1. 1996 for voluntary retirement. Further, it is also stated that if any representation is made, as per the circular instructions issued by the Railway Board vide Circular No. 140/77 and Rule 67 (3) (b)of Railway Services (Pension) Rules 1993 withdrawal can be permitted within a period of three months from the date of submission of the representation. It is also averred that pursuant to acceptance of the request of the petitioner for voluntary retirement vide impugned proceedings, his pensionary and other retirement benefits were determined and paid.