ANAND SWAROOP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE only grievance of the petitioner is that he made an application for voluntary retirement on 15th August, 2011, which application was pending consideration before the respondents when he applied for grant of leave for the purposes of treatment of his ailing wife, which was granted and after availing of leave he joined the duties. However, all of a sudden, the petitioner was served with an order of voluntary retirement issued on 09.11.2011. On receipt of the said order, the petitioner made an application for cancellation of the same, virtually demanding withdrawal of his notice of voluntary retirement on 12.11.2011. Though the voluntary retirement was to be given effect on 15.11.2011 and such a notice was already withdrawn much before the aforesaid date, yet the petitioner was not allowed to join back the duties, therefore, he made representation on 07.12.2011 and has come to this Court thereafter challenging the action of the respondents in voluntary retiring the petitioner.

(2.) IN response to the notice issued by this Court, the respondents have filed the return. They have contended that the application was submitted by the petitioner on 15.08.2011 and thereafter on 08.11.2011 the petitioner has again made a reminder. Considering the aforesaid, the petitioner was called in person on 09.11.2011 and his voluntary retirement was accepted w.e.f. 15.11.2011. IN view of this, it is contended that subsequent prayer made by the petitioner after passing of the order by the respondents on the notice of voluntary retirement was not to be looked into and, therefore, rightly the petitioner is not permitted to join the duties.

(3.) CONSEQUENTLY, the writ petition is allowed. Impugned order dated 09.11.2011 (Annexure P-4) is hereby quashed. The petitioner be reinstated in service and be allowed to continue on his post till he attains the age of superannuation or is otherwise to be removed as per law. The petitioner will not get the benefit of wages for the period of absence except the pension if paid but will get the benefits of aforesaid period of absence for the purposes of fixation of pay, allowances, seniority and retiral dues.