GURCHARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Gurbachan Singh has filed the present petition under Article 226/227 of the Constitution of India with a prayer for the issuance of a writ in the nature of certiorari for quashing the order dated June 27, 2002 passed by the Engineer-in-Chief, Haryana Irrigation Department-respondent No. 2 whereby the original request made by the petitioner seeking voluntary retirement, though subsequently withdrawn, has been accepted. A copy of the aforesaid order dated June 27, 2002 has been appended as Annexure P/5 with the present petition.

(2.) SHORN of unnecessary details, the relevant facts necessary for the decision are that on March 27, 2002, petitioner, who was working as Superintendent Grade I in the office of Engineer-in-chief, Irrigation Department, Haryana and working at the relevant time in B. B. M. B. , Sector-19, Chandigarh served a notice for three months seeking voluntary retirement under the instructions issued by the State Government. A copy of the aforesaid request made by the petition has been appended as Annexure P/2 with the present petition. The aforesaid request made by the petitioner was forwarded to the Engineer-in-Chief-respondent No. 2. However, subsequently on May 13, 2002, the petitioner wrote a communication to respondent No. 2 withdrawing his aforesaid notice and request for voluntary retirement. The aforesaid communication for withdrawal of request was also sent to the Engineer-in-chief by the Secretary B. B. M. B, A copy of the aforesaid; request dated May 13, 2002 made for withdrawal by the petitioner has been appended as Annexure P/3 with the petition. The petitioner claims that he sent an advance copy of the aforesaid request directly to the Engineer-in-chief as well. Although the aforesaid original request made by the petitioner on March 26, 2002 stood withdrawal subsequently vide communication dated May 13, 2002 but still respondent No. 2 vide his order dated June 27, 2002 accepted the original request of the petitioner and ordered his voluntary retirement with immediate effect, A copy of the aforesaid order dated June 27, 2002 has been appended as Annexure P/5 with the petition.

(3.) THE petitioner is aggrieved against the aforesaid order Annexure P/5 and has approached this Court through this petition.