DHARAMBIR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner is seeking quashing of the order dtd. 24/8/2016 (Annexure P-5), passed by respondent no.2, whereby the petitioner has been denied back wages. The petitioner has further sought a direction to the respondents to release all the wages for the period from 15/6/2012 till 18/4/2015 along with interest @ 12% per annum to the petitioner.

(2.) Briefly stated, the facts of the case are that the petitioner was appointed and joined on the post of Driver with respondent no.2 on 26/12/1989. On 14/2/2012, petitioner applied for voluntary retirement under Voluntary Retirement Scheme on account of certain domestic problems.

(3.) This application of the petitioner was rejected by respondent no.2 on 1/3/2012. Immediately thereafter on 17/5/2012, the petitioner withdrew the aforesaid application for VRS and the application seeking withdrawal of the same was duly received by the office of respondent no.2. Without considering this respondent no.2 passed the order dtd. 15/6/2012 by accepting the application of the petitioner of VRS while retiring him voluntarily from the services vide order dtd. 15/6/2012. In this backdrop, petitioner approached this Court by way of filing CWP No. 17063 of 2012 and the said writ petition was allowed by this Court vide order dtd. 27/4/2015 (Annexure P-1) while holding that since the respondents- authorities vide order dtd. 01/3/2012 (Annexure P-3) had rejected the request of the petitioner seeking voluntary retirement from Government service, there was no occasion for the authorities to accept his application vide impugned order 15/6/2012. There is no dispute with regard to the settled proposition of law that a person is entitled to withdraw his application seeking voluntarily retirement before acceptance, therefore, the impugned order has been passed ignoring the letter dtd. 01/3/2012 (Annexure P-3), therefore, the order dtd. 15/6/2012 is vitiated in law and the same is hereby quashed. In compliance with the order dtd. 27/4/2015 (Annexure P-1), the petitioner was taken back in service w.e.f 18/5/2015 with all consequential benefits prior to joining vide order dtd. 3/7/2015 (Annexure P-2). The petitioner was directed to report for his duty to the Deputy Inspector, Haryana Raodways, Panipat immediately. The petitioner was allowed to join the service, however the consequential benefits during 2 of 17 which the petitioner was out of service were not released to him. Aggrieved on account of this, the petitioner served a legal notice dtd. 23/12/2015 (Annexure P-3) upon the respondents and when no decision was taken by the respondents even after that, then the petitioner filed CWP No. 7148 of 2016. This writ petition was disposed of by this Court vide order dtd. 21/4/2016 (Annexure P-4) by directing the respondents to decide legal notice served by the petitioner within a period of three months. Thereafter the impugned order dtd. 24/8/2016 (Annexure P-5) has been passed denying benefit of salary on the principle of "no work no pay". Hence the present petition.