D. K. MISHRA Vs. HONBLE HIGH COURT OF M P
LAWS(MPH)-2021-4-24
HIGH COURT OF MADHYA PRADESH
Decided on April 01,2021

D. K. Mishra Appellant
VERSUS
Honble High Court Of M P Respondents

JUDGEMENT

PRAKASH SHRIVASTAVA,J. - (1.) By this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 09.12.2020 whereby the petitioner's application for voluntary retirement has been accepted. The petitioner is also aggrieved with the order dated 09.12.2020 whereby his application for withdrawal of the application for voluntary retirement has been rejected.
(2.) The case of the petitioner is that he was working as Dy. Registrar (M) and had submitted the application dated 11.09.2020 under prescribed Form No.28 for voluntary retirement w.e.f. 31.12.2020 under Rule 42 of the M.P. Civil Services (Pension) Rules, 1976 (for short 'the Pension Rules' ). After filing the application, the petitioner realized that he is in need of continuation of his employment, therefore, he had filed the application dated 12.10.2020 requesting for withdrawal of his earlier application dated 11.09.2020 for voluntary retirement and also seeking permission to continue in service up to the age of superannuation. Further case of the petitioner is that till the submission of the application dated 12.10.2020, no decision was taken on the petitioner's earlier application dated 11.09.2020. By the impugned order, the petitioner's application for withdrawal of application for voluntary retirement has been rejected and the petitioner's application for voluntary retirement has been accepted and he has been retired w.e.f. 31.12.2020 afternoon.
(3.) Learned counsel appearing for the petitioner submits that the petitioner had submitted the application for withdrawal of the application for voluntary retirement before the acceptance of the application for voluntary retirement, therefore, the respondents are not justified in rejecting the petitioner's application for withdrawal of the application and accepting the application for voluntary retirement. He also submits that no D.E. is pending and he has a good record, which is reflected from his promotion as Assistant Registrar on 03.08.2019. He also submits that in terms of the judgment of the Supreme Court in the matter of Balram Gupta Vs. Union of India and another,1987 Supp SCC 228, the petitioner has the absolute right to withdraw the application for voluntary retirement before its acceptance. He has further placed reliance upon the judgment of the Division Bench of this Court in the matter of Director General, Employees State Insurance Corporation and another Vs. Puroshottam Malani , 2007 1 MPHT 173 (DB) in support of his submission that the opportunity should have been given to the petitioner before rejection of the application for withdrawal.;


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