DAYA NAND SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.

(2.) Challenge put forth in this petition is to an order passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur, on 12-05-2011 in Original Application No. 692 of 2009; whereby the relief sought by the petitioner seeking quashment of the order dated 18-06-2006 whereby rejoining of the duty was declined on the ground of acceptance of his application for voluntary retirement, has been declined.

(3.) The petitioner while in service in the Postal Service Department, Government of India, preferred an application/notice under Rule 48-A of the Central Civil Services (Pension) Rules, 1972 seeking voluntary retirement with effect from 15-03- 2008 vide his application dated 01-01- 2008. The petitioner on the basis of notice tendered by him was relieved from duty as Postal Assistant, Rewa Head Office, M. P. Circle, with effect from 15-03- 2008. Subsequent thereafter on 29-03- 2008 the petitioner submitted a representation dated 29-03- 2008 addressed to the Chief Post Master General, M. P. Circle, seeking withdrawal of the voluntary retirement on the ground that before acceptance of his application for voluntary retirement, he vide his application dated 18-02- 2008 withdrew the same. The representation filed by the petitioner did not reap any result leading the petitioner to file Original Application No. 692 of 2009 before the Central Administrative Tribunal, Jabalpur Bench, Jabalpur, under section 19 of the Administrative Tribunals Act, 1985. Before Tribunal the case put forth by the petitioner was that though he tendered his resignation on 01- 01-2008 but vide his application dated 18-02-2008 he withdrew the same. It was urged that the said application was routed through proper channel i.e. it was submitted to the Superintendent, Post Office, Rewa, who vide postal article Parcel No. 4901 forwarded the same to the Head Office. It was contended that ignoring the aforesaid fact the petitioner was made to retire with effect from 15-03- 2008.