VINOD SHANKER Vs. THE KURUKSHETRA UNIVERSITY AND ANR.

JUDGEMENT

(1.) THE petitioner has prayed for quashing of the decision taken by the vice -Chancellor, Kurukshetra University, Kurukshetra (respondent No. 2. ) declining his request for withdrawal of notice dated 11.10.1999 vide which he had sought voluntary retirement from service with effect from 1.2.2000.

(2.) THE notice issued by the Court on February 2, 2000 for final disposal of the writ petition have been duly served upon the respondents but neither the written statement has been filed nor anyone has appeared on their behalf to contest the petition. Therefore, we shall decide the petition on the premise that there is no controversy between the parties on the factual matrix of the case. A perusal of the record that after having served the university for over 23 years, the petitioner submitted letter dated 11.10.1999, which was described as notice for voluntary retirement with effect from 1.2.2000. Respondent No. 2 accepted his request in anticipation of the approval of the executive council and this was conveyed to the petitioner vide letter dated 13.10.1999. However, one month and two days before the actual date of retirement, the petitioner submitted application dated 29.12.1999 with the request that the date of his voluntary retirement may be changed from 1.2.2000 to 1.8.2000. This was considered and rejected by the Executive Council of the university in its meeting held on January 5, 2000. Simultaneously, the action taken by respondent No. 2 was approved. The petitioner challenged that decision in Civil Writ Petition No. 867 of 2000, which was dismissed on January 25, 2000 with liberty to him to submit application for withdrawal of his request of voluntary retirement. The operative portion of the order passed by this Court reads as under: -

(3.) THEREAFTER , the petitioner submitted detailed application for withdrawal of his request of voluntary retirement but without assigning any reason, respondent No. 2 refused to accept his request.