HARERAMACHARYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant appeal has been preferred by the appellant against the judgment dtd. 11/1/2023 passed in C.W.J.C. No.38 of 2022 whereby the learned Single Judge while holding that the appellant having moved an application for withdrawal of his application for voluntary retirement, his application could not have been accepted and approved and the same was bad in law. The learned Single Judge proceeded to hold that in view of the fact that the appellant did not possess Ph.D degree, he cannot be allowed to continue after 62 years of age and is thus not entitled to any relief as prayed for.

(3.) The relevant facts in brief are that the appellant was appointed as the Principal of Sriswami Parankushacharya Adarsh Sanskrit Mahavidayalay, Hulasganj, District Gaya (at present District Jehanabad) ('the College' in short) on 22/2/1990. He started working in the capacity of the Principal. By his application dtd. 12/11/2021 addressed to the Vice Chancellor of the Central Sanskrit University, Janakpuri, New Delhi ('the University' in short), the appellant expressed his desire to retire voluntarily. As per the appellant's case, the said application for voluntary retirement was withdrawn by his other letter dtd. 14/11/2021 wherein the appellant expressed his willingness to work till the age of 65 years. The Registrar-cum-In charge of the University wrote a letter dtd. 16/11/2021 to the Chairman of the Managing Committee forwarding the application of the appellant date 14/11/2021 for withdrawal of his application for voluntary retirement. However, the respondents continued to sit over the mater and neither any decision was taken nor communicated to him.