MANOJ MISRA,J. - (1.) The present petition seeks quashing of the order dated 13.04.2016 and 09.05.2016 passed by the Hon'ble Chief Justice, High Court of Judicature at Allahabad (for short High Court) by which petitioner's application seeking voluntary retirement with effect from 01.09.2016 has been accepted and his prayer to withdraw the application and recall the order has been rejected. The petitioner has also prayed for a direction to command the High Court Establishment not to give effect to the orders dated 13.04.2016 and 09.05.2016 and to allow the petitioner to work with effect from 01.09.2016 and pay salary and other service benefits to the petitioner, month to month.
(2.) To have a clear understanding of the controversy at hand, it would be appropriate for us to give a brief narration of the facts giving rise to the petition.
(3.) The petitioner was appointed as System Analyst-cum-Programmer on 01.06.1996 and was thereafter promoted as System Manager, Computer System, High Court, Allahabad. On 12.04.2016, the petitioner moved an application seeking voluntary retirement with effect from 01.09.2016. The contents of the application seeking voluntary retirement are extracted below:- "To The Registrar General High Court Allahabad. Subject: Voluntary retirement w.e.f. 01.09.2016 Sir, I joined the establishment of the High Court on 01.06.1996 and served this institution for the last about 20 years with utmost sincerity, devotion and honesty. I never cared about the working hours, holidays. Attention was work and only work. During this period, numerous application areas were taken up for the Computerisation successfully with a focus in the growth of the Computerisation at Allahabad High Court and its Subordinate Courts of U.P. Other Cadres in the High Court have grown horizontally as well as vertically tremendously with the increase of the strength of Hon'ble Judges during last 20 years. But, Computer Cadre has been given due attention. So many issues relating to fixation of salary, promotion, ACP etc, of Computer Cadre Officers/staff of the High Court and e-Court staff are pending consideration and undue delay in redressal of the issues is causing the frustration amongst the Computer Cadre officers and staff. Such matters of other Cadres are being taken up promptly and in routine matter. The only concern which is shown by others is about getting facilitation from the Computer Centre. Due to lesser number of staff and huge volume of work of various nature in different wings of the Computer Centre, officers and staff are overburdened. Problem was brought to the notice to the superior authorities but in vain. Officers and staff is able to leave office only 8.00-9.00 p.m. Everyday and able to fulfil their family obligations. Judicial Officers deputed in the High Court for looking after Computerisation activities are merely interested in calling themselves Incharges while responsibility is fixed on Computer Centre officers/staff either by forming the sub-committees or by marking the notes for the report. Brick batting has increased so much and working atmosphere is now congenial. In light of above, I am feeling uncomfortable and therefore wish to take Voluntary Retirement w.e.f. on 01.09.2016. (marked as "A") You are therefore requested to place the matter before appropriate authority for seeking approval in the matter. Thanking you, Yours Sincerely(D.K. Dwivedi)System Manager12.04.2016 Copy to: 1. P.S. To Hon'ble Chairman, Computerisation Committee for information and placing the matter before his Lordship. I am hereby handing over all the keys of Computer Centre to Sri Ashwini Kumar, Senior System Analyst (Senior most technical officer of the Computer Centre) as I have submitted E.L. Application for the period 12.04.2016 to 31.08.2016 and Voluntary Retirement from Service w.e.f. 01.09.2016. Stock Register, files and hardware inventory is in the custody of concerned officers/staff of the office. JUDGEMENT_126_LAWS(ALL)10_2018_1.html;