I.Rebello, C.J. - (1.) THIS appeal has been filed alongwith an application under Section 5 of the Limitation Act. Grounds taken in the affidavit filed in support of the delay condonation application are sufficient. Accordingly, the delay in filing the appeal is condoned. Application stands disposed of. Office to register the appeal.
(2.) THIS is an appeal by the State authorities-appellants (hereinafter referred to as the appellants) against the order dated 26.5.2010, passed by a learned Single Judge whereby the petition filed by the respondent-petitioner (hereinafter referred to as the petitioner) has been allowed directing the reinstatement of the petitioner in service with continuity of service and other consequential benefits. The petitioner was appointed as Sub-Inspector in Civil Police of the State on 1.6.1981 and was promoted as Inspector in the year 1996-97. On 20.5.2009, while the petitionerwas working as Special Intelligence Officer (Vishesh Prakostha), Saharanpur, he made an application for voluntary retirement w.e.f. 31.8.2009 on the ground of his ill health. The Deputy Inspector General of Police (Investigation) vide order dated 24.6.2009 allowed the application for voluntary retirement of the petitioner w.e.f. 31.8.2009 and further directed that he would stand superannuated w.e.f. 31.8.2009. On 27.8.2009, the petitioner moved an application for withdrawal of his voluntary retirement to the Deputy Inspector General of Police, Investigation Department, U.P., Lucknow and thatwas received in the night of 29.8.2009. Inspite of said application for withdrawal of the voluntary retirement, no action was taken by the appellants for rescinding the order dated 24.6.2009 and the petitioner was relieved on 31.8.2009. It is this order against which the writ petition was preferred.
(3.) THE learned Single Judge referred to various judgments on the issue of voluntary retirement and noted that application for withdrawal of voluntary retirement was received in the office of the appellants on 29.8.2009, i.e. prior to 31.8.2009, before the petitioner was relieved. On behalf of the appellants, it is contended that though the petitioner had moved an application for withdrawal of his voluntary retirement on 27.8.2009, which was received by the authority concerned on 29.8.2009 at night, but by that time, his final pension, gratuity and leave encashment bills had been finalized and order for releasing the same was also passed in favour of the petitioner.;