- (1.) Union of India and others have filed the instant writ petition under Articles 226 and 227 of the Constitution of India, challenging the order dated 25.8.2011 (Annexure P-5) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal'), whereby Original Application No.772-CH of 2011 filed by respondent No.1-Smt. Saroj Chaudhary was allowed and the order dated 22.7.2011 (Annexure A-1) passed by petitioner No.2 rejecting the prayer of respondent No.1 for withdrawal of the voluntary retirement notice before the effective date of retirement, has been quashed.
(2.) Undisputedly, two employees, namely, Balbir Singh and Smt. Saroj Chaudhary (respondent No.1 herein), who were working as Senior Accountants in the office of petitioner No.2, submitted three months notices for voluntary retirement from the service stating therein that they had completed 20 years of service and due to cultivation of agricultural land, as stated by Balbir Singh, and due to unavoidable circumstances, as stated by Smt. Saroj Chaudhary, it was difficult for them to continue their present job and they be allowed to retire voluntarily w.e.f. 24.8.2011 and 1.8.2011, respectively. Their voluntary retirement notices were accepted by petitioner No.2 on 21.4.2011 and 31.5.2011, respectively.
(3.) Before the due date of voluntary retirement, both the employees made a request to petitioner No.2 to withdraw their voluntary retirement notices, but petitioner No.2 vide order dated 22.7.2011 rejected the prayer of both the employees for withdrawal of their voluntary retirement notices whereupon both the employees filed separate Original Applications before the Tribunal.;