DINESH CHAUHAN Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Petitioner was working as Additional Assistant Engineer (E) under the Electrical Division, HPSEB, Nahan. On 31st July, 2010, he submitted an application seeking voluntary retirement (Annexure P-1) w.e.f. 1.11.2010, on account of adverse family circumstances. Such request was accepted by his employer vide communication dated 19th October, 2010 (Annexure P-6). However acceptance was conditional and relevant extract of such order reads as under;-

(2.) However prior thereto, on 20th October, 2010 petitioner requested the authorities for withdrawal of his resignation submitted vide Annexure P-1. Communication to this effect is Annexure P-2. This request of his was summarily rejected by the employer vide communication dated 9th November, 2010 (Annexure P-9). Consequently, petitioner was ordered to have been retired from the service w.e.f. 1.11.2010 (Annexure P-8). Hence, petitioner has filed the present petition, assailing the office order dated 19.10.2010 (Annexure P-6) and communications dated 1.11.2010 and 9.11.2010 (Annexures P-8 and P-9).

(3.) The moot question which arises for consideration in the present writ petition is, as to whether it is open for the petitioner to withdraw his offer for voluntary retirement, in spite of the same having been accepted by the employer, but prior to the order of acceptance having become effective.