BABU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Second Appeal arises out of the judgment and decree dated 4.1.1995 passed by the Additional District Judge, Patiala, in Civil Appeal No. 79 of 1992, State of Punjab v. Babu Ram. The appellant is aggrieved by the judgment and decree of the Court of Additional District Judge, Patiala, because by the impugned judgment, the said court has reversed the judgment and decree, dated 22.9.1992 passed by the Sub Judge First Class, Patiala, in favour of the appellant.

(2.) FACTS of the case are that while working as Senior Clerk at Government Press, Patiala, the appellant submitted an application dated 1.2.1990 for voluntary retirement. He withdrew that application on 18.4.1990. On 25.4.1990, the Controller Printing and Stationary Department, Chandigarh issued an order retiring the appellant from service on 30.4.1990. The plaintiff -appellant challenged the legality of this order on the ground that after withdrawal of the application for voluntary, retirement, nothing was left with the competent authority on the basis of which it could make an order retiring the plaintiff -appellant.

(3.) THE learned trial court framed four issues. Parties led their evidence and after hearing the arguments, the learned Sub Judge First Class declared that after the plaintiff had withdrawn his application for voluntary retirement, it was not open to the respondents to retire the petitioner from service w.e.f. 30.4.1990. The learned Sub Judge decreed the suit and declared that retirement of the plaintiff -appellant w.e.f. 30.4.1990 was illegal and void. The learned Sub Judge also directed that the amount received by the plaintiff between 25.8.1990 and 1.9.1992 be deposited by him with the department within fifteen days.