RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner were working as a Driver with the Haryana Roadways. In February, 1990, the petitioner sought voluntary retirement on the ground that his family condition is not good. He gave a three months' notice to the Department. However, in March, 1990, he withdraw his request. In spite of this, the petitioner was retired from service with effect from April 30,1990. A copy of this order has been produced as Annexure P.l with the writ petition. He represented. Vide letter dated September 20, 1993, the petitioner was informed that "since he had sought retirement first on the ground of weak eye sight and later ou the ground of family problems and was allowed to retire. It would not be appropriate to take him back in service." The petitioner challenges this order on the ground that the request for voluntary retirement having been withdrawn, the action of the respondents in retiring him from service cannot be legally sustained.

(2.) A written statement has been filed on behalf of the respondents. It has been pointed out that the petitioner had made a request for voluntary retirement on August 14,1989. A copy of this letter has been produced as Annexure R.I with the written statement. It was mentioned by the petitioner that his eye-sight was weak. He was called upon to get himself medically examined. He did not report for medical examination. However, he made another request for voluntary retirement on January 30, 1990. This request was accepted by respondent No. 3 on February 2, 1990. The petitioner was voluntarily retired vide order dated March 23,1990 with effect from April 30, 1990. A copy of this order has been produced as Annexure R.4. It has been further submitted that the petitioner's request for voluntary retirement having been accepted by respondent No. 3 on February 2,1990, he could not ask for its withdrawal thereafter. Accordingly, it is maintained that the writ petition has no merit and deserves to be dismissed.

(3.) This case had come up for hearing on February 9, 1996. The petitioner was directed to get himself medically examined and produce a certificate regarding his fitness for the job of a driver. In pursuance to this order, the petitioner has produced a medical certificate dated February 27,19% from the Medical Officer, General Hospital, Kaithal. It has been certified that he is fit for the job of a driver.