Satish Kumar Mittal, J. - (1.) The Haryana Vidyut Parsaran Nigam Limited, Panchkula; and its Superintending Engineer, Admn.-I, have filed the instant Letters Patent Appeal against the judgment dated 16.12.2011, passed by the learned Single Judge, whereby the writ petition (Civil Writ Petition No. 2249 of 1989) filed by Sat Pal Arora (respondent herein) was allowed. Resultantly, the order dated 7.5.1982 (Annexure P-5), vide which the voluntary retirement sought by the respondent was ordered to be accepted from the back date and the order dated 24.1.1988 (Annexure P-10), whereby the recovery proceedings were initiated against the respondent for causing loss after his retirement, were quashed.
(2.) Though there is a delay of 75 days in filing the appeal and the appellants have filed application (CM No. 1283-LPA of 2012) for condoning the delay, yet we have heard learned counsel for the appellants on merits, and gone through the order, passed by the learned Single Judge, as well as the aforesaid orders, challenged in the writ petition.
(3.) With regard to acceptance of the voluntary retirement, the learned Single Judge held that acceptance of voluntary retirement from back date is not permissible. Learned counsel for the appellant could not dispute this factual and legal position.;