R.K.Aganval, J. - (1.) Guru Charan Lal Srivastava has filed present special appeal against the judgment and order dated July 11, 2001 passed by the learned single Judge, wherein the writ petition filed by the appellant-writ petitioner, had been dismissed, as not maintainable in view of the fact that the appellant-writ petitioner had earlier filed Writ Petition No. 33778 of 1995, which was also dismissed as withdrawn on 19.12.1995.
(2.) We have heard Sri Ashok Kumar Srivastava. learned counsel for the appellant and Miss Bharti Sapru, learned counsel appearing for the respondents. Briefly stated the facts giving rise to the present appeal are as follows : According to the appellant-writ petitioner, he was appointed on July 20, 1962 in the unit Air Craft Manufacturing Depot. Air Force Station, Kanpur as A.C. Mechanic Grade III T/340. On June 1, 1964, he was sent on deputation to Hindustan Aeronautics Limited, Kanpur where he continued till August 31, 1991. His designation was 'Mechanic B' in the Hindustan Aeronautics Limited. Kanpur. A Voluntary Retirement Scheme was introduced by the Management of Hindustan Aeronautics Limited which was known as 'H.A.L. Employees Voluntary Retirement Scheme, 1990. The appellant-writ petitioner also gave his option for voluntary retirement under the aforesaid scheme and was retired on 31.8.1991 vide order dated 10.8.1991.
(3.) According to the appellant-writ petitioner, he made an application on 11.2.1991 revoking his option to be voluntary retired. The application dated 11.2.1991 was rejected by the respondents authorities on 15.9.1995. He challenged the said order before this Court by filing Civil Misc. Writ Petition No. 33778 of 1995 in which he claimed the following reliefs : "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 15.9.1995 vide Annexure '18' to the writ petition and vide Annexure No. '1' at page 36 dated 10.8.1991. (ii) issue writ, order or direction in the nature of mandamus commanding the respondents to restore the services of the petitioner prior to the date of 31.8.1991 without break in service with all consequential benefit of the intervening period of H.A.L. (iii) issue any other writ, order or direction which this Hon'ble Court deems fit proper in circumstances of the case. In alternative petitioner prays for full and final settlement all dues by commanding respondents within period of one month. (iv) award the cost of the writ petition to the petitioner.";