YOGESH CHANDRA TIWARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner was appointed in Horticulture Department, who was promoted as Chief Assistant w.e.f 2/11/2016. He applied for voluntary retirement under Rule 56 (c) of Fundamental Rules, on 21/2/2018. Thereafter, petitioner moved another application on 4/4/2018, in which he indicated the date of his retirement as 31/5/2018. The Appointing Authority, i.e., Director, Horticulture accepted petitioner's request vide order dtd. 24/5/2018.

(2.) Subsequently, on 25/5/2018, petitioner moved an application seeking permission to withdraw his application for voluntary retirement, however, he was relieved from service on 31/5/2018. Subsequently, petitioner's request for withdrawal of application for V.R.S. was allowed by the Director, Horticulture, vide order dtd. 2/11/2018 and petitioner resumed duties on 3/11/2018.

(3.) When the matter was brought to the notice of the State Government, the State Government issued a letter on 19/5/2021, wherein it was held that as per the directions issued by Finance Department, re-appointment after voluntary retirement is not permissible and directed the Competent Authority to take appropriate action in the matter.