Ajay Rastogi, J. - (1.) THE petitioner while holding the post of Deputy General Manager submitted application seeking voluntary retirement w.e.f.31.1.06 under the ongoing scheme circulated by the respondent Corporation vide their circular dt. 2/4 -4 -05 as evident from his application dt. 28.5.05. It has been alleged that he lateron submitted application to withdraw his request made for voluntary retirement with immediate effect but the respondent accepted his application submitted under the scheme as prayed for and accepted it to be made effective w.e.f. 31.1.06 in the afternoon by passing order dt.29.6.05 (Annx.3) and consequently relieved him in the afternoon of 31st January,2006 as evident from the relieving order dt.31.1.06 (Annx.4).
(2.) THE main thrust of submissions of the Counsel is that since he submitted application much prior to voluntary retirement sought for being made to be effected, the respondents were not at all justified in accepting his application and passing order of his voluntary retirement being made effective from 31.1.06 and such action of the respondents is wholly unwarranted. It will be relevant to observe that this Court on 2.4.2010 directed the petitioner to file additional affidavit pointing out as to whether after acceptance of his request for voluntary retirement retiral benefits have been accepted by him or not. In compliance thereto, additional affidavit has been filed by the present petitioner and it has been deposed in para No. 2 of the affidavit that respondent remitted retiral benefits except PF which is lying with them, but the petitioner never demanded the retiral benefits and thus the fact which remains is that the retiral benefits admissible to him on being retired from service w.e.f.31.1.06 were duly credited to his account and he has enjoyed all those benefits and thereafter in September,09, after availing of retiral benefits remitted to his account, he approached this Court by filing instant petition.
(3.) THE submission made by the Counsel might have some substance but the fact remains that once the petitioner stood retired w.e.f.31.1.06 vide order dt.29.6.05 (Annx.3), did not approach this Court before the order dt.29.6.05 is given effect to and after having received all retiral benefits which were credited to his account, has approached this Court in September, 09. This Court does not find any substance to entertain instant petition assailing the order passed by the respondent way back on 29.6.05 accepting his application seeking voluntary retirement.;