BHAGWAT KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr. S. P. Sharma, learned counsel for the petitioners.

(2.) THE petitioner filed this writ petition with the prayer that the order dated 30. 11. 1995 read with order dated 28. 11. 1995 be quashed and set aside and the respondents be directed to treat the petitioner in service with all consequential benefits. During the pendency of this writ petition, the petitioner expired on 29. 11. 2000. On 17. 01. 2001, an application was moved for taking on record the legal representatives of the petitioner and amended cause title was also filed.

(3.) LEARNED counsel for the petitioner further placed reliance on the judgment rendered in the case of J. N. Srivastava vs. Union of India and another (2), wherein Hon'ble Supreme Court held that `service law-Retirement-Voluntary retirement- Notice-Withdrawal of, before intended date of retirement -Permissibility-Three month's notice for voluntary retirement given on 3. 10. 1989 which was to come into effect from 31. 1. 1990-Notice accepted by the Government on 2. 11. 1989 and thereafter the appellant withdrawing notice vide his letter dated 11. 12. 1989-Withdrawal, held, permissible because it was made before 31. 1. 1990 -Further held, even if the voluntary retirement notice is moved by an employee and gets accepted by the authority within the time fixed, before the date of retirement is reached, the employee has locus poenitentiae to withdraw the proposal for voluntary retirement- The appellant therefore deemed to have continued in service till his superannuation age' and further held that `service Law- Back Wages- "no work, no pay"- When not applicable-Appellant deemed to have continued in service till his superannuation age because his request for withdrawal of notice for voluntary retirement was wrongly rejected-Appellant, held, entitled to arrears of salary and other emoluments including increments because he was ready and willing to work-Plea of "no work, no pay' rejected- Pensionary benefits also directed to be revised accordingly subject however to adjustment of amounts already paid. "