VYAS, J. - (1.) BY the instant petition, Ganpat Ram petitioner seeks to quash the order dated March 14, 2001 (Annexure 4) passed by the Deputy Conservator of Forests, Pali. The petitioner also seeks a direction to the respondents to take him back in service and grant all the consequential benefits.
(2.) BRIEF facts giving rise to the instant petition are that the petitioner was initially appointed as Forester on March 28, 1979. On March 13, 2001, he was working as Forester in the Officer of the Deputy Chief Conservator of Forests, Pali. Due to long ailment and unavoidable circumstances, the petitioner submitted an application dated March 13, 2001 (Annexure 1) for voluntary retirement w. e. f. May 31, 2001. It is averred in the instant petition that when the ailment of the petitioner improved and he became fit mentally and physically, he submitted another application dated March 20, 2001 (Annexure 2), requesting therein that he wants withdraw the earlier application March, 13, 2001 (Annexure 1) of voluntary retirement and he wants to continue in service. Thereafter, the petitioner received a letter dated April 12, 2001 (Annexure 3) from the Deputy Chief Conservator of Forests, Pali, in which it was stated that as the petitioner had moved an application dated March 13, 2001, seeking voluntary retirement w. e. f. May 31, 2001, which was considered and after due consideration, vide Officer Order No. 1050-54 dated March 14, 2001, his application, seeking voluntary retirement w. e. f. May 31, 2001, has been accepted. It was also stated in the letter to the petitioner that he had made another application dated March 20, 2001 mentioning therein that due to domestic circumstances and imbalance state of mental condition, he had sought voluntary retirement w. e. f. May 31, 2001 and, in support of that, a column of the newspaper cutting was also submitted. Therefore, the petitioner was asked by the Deputy Chief Conservator of Forest, Pali to clarify whether he (the petitioner) had sought voluntary retirement for contesting the election or as mentioned by the petitioner in his notice that he was suffering from the disease of Parapligia so whether, he (the petitioner) had recovered from the said disease. If so, then the petitioner was required to appear personally before the officer concerned along with the documentary proof of his (concerned authority's) satisfaction. It is submitted by the learned for the petitioner that it is very strange that this letter was issued to the petitioner on April 12, 2001 and as per this letter, the application for voluntary retirement was accepted on the very next date i. e. , March 14, 2001 w. e. f. 31. 05. 2001, whereas the petitioner had sought the voluntary retirement which would be effective from May 31, 2001 and, prior to this date (May 31, 2001), he had already submitted the application for withdrawal of the request of voluntary retirement and hence, there was no occasion for the Deputy Chief Conservator of Forests to ask the petitioner as to whether he was going to contest any election. He was also asked to file the medical certificates.
(3.) WHEN an employee has submitted the application for voluntary retirement and before it becomes effective, if he has submitted another application for withdrawal, then, no such order retiring the petitioner voluntarily could be passed by the Authority concerned with prospective effect. It is further submitted by the learned counsel that on March 20, 2001, the petitioner has submitted the application for withdrawing the request of voluntary retirement, but, prior to this date, an office order dated March 14, 2001 (Annexure 4) was issued, whereby, it was ordered that the application of voluntary retirement of the petitioner (w. e. f. May 31, 2002) has been accepted. It is also submitted by the learned counsel that the petitioner has been repeatedly knocking at the doors of the Department that he had already submitted the application for withdrawing the request of voluntary retirement, but, unfortunately, no attention was paid by the Department and he was relieved with prospective effect, i. e. w. e. f. May 31, 2001, knowing it well that he had already submitted the application withdrawing the request of voluntary retirement. It is also alleged that the petitioner was harassed by the Deputy Conservator of Forests during his service tenure. ;