UNION OF INDIA Vs. SHISHIR KUMAR SHUKLA

JUDGEMENT

(1.) This writ petition has been preferred by the petitioners against an order dated 3-3-2009, passed by the Central Administrative Tribunal, Jabalpur Bench Camp at Indore in O. A. No. 349/2008.

(2.) Facts relevant for the purpose of this petition are that the applicant/respondent was initially appointed as Lower Division Clerk in the year 1976, in the office of Regional Provident Fund Commissioner. He was promoted to the post of Upper Division Clerk and, thereafter, to the post of section Incharge vide order dated 25-2-2005. While working on the post, he submitted an application on 21-11-2007 (Annexure A-1) seeking voluntary retirement due to his family circumstances. As per Rule 48-A of the Central Civil Services (Pension) Rules, 1972, at least three months prior notice was required to proceed on voluntary retirement. Before expiry of such period, the applicant/respondent submitted another application on 17-2-2008 (Annexure A-2) with a request for withdrawal of Annexure A-l.

(3.) Non-applicant/petitioner No. 4 despite receipt of Annexure A-2, passed an order dated 20-2-2008 (Annexure A-3), accepting thereby the application contained in Annexure A-1 for proceeding on voluntary retirement under Rule 48-A of Central Civil Services (Pension) Rules, 1972. Applicant/respondent on the same day, submitted an application (Annexure A-4) that he had already submitted an application, revealed in Annexure A-2, to withdraw the application seeking voluntary retirement. In view of this, a prayer was made to cancel the impugned order of acceptance of voluntary retirement, made vide Annexure A-3. However, the petitioner was relieved on 21-2-2008, vide office order marked as Annexure A-5.