- (1.) INSTANT writ petition is directed against order of Central Administrative Tribunal dt. 20/01/2004.
(2.) THE brief facts, which have come on record and relevant for disposal of the instant petition, are that the petitioner initially joined service in the ministerial cadre (LDC) on 10/01/1974 and got further promotion in the cadre and while holding the post of Office Assistant, he tendered application seeking voluntary retirement on 30/06/2003 to be effective from 01/10/2003 and the reason assigned by him for seeking voluntary retirement was his wife's illness. His application was placed before the competent authority and he was allowed to take voluntary retirement vide order dt. 15/07/2003. In furtherance thereto, the petitioner was served with pension papers on 06/08/2003 and after complying with the due formalities, he submitted his pension papers in the department on 14/08/2003 and taking note of the vacancy which was going to occur on account of retirement of the petitioner and other vacant posts of Office Assistant, the Departmental Promotion Committee met and made its recommendations on 03/09/2003 and three of them were promoted vide order dt. 04/09/2003. Thereafter, the petitioner took u -turn and submitted application on 08/09/2003 to recall and withdraw his application for voluntary retirement which he initially tendered on 30/06/2003 on which no action was taken by the respondents, at this stage, he approached before ld. Tribunal by filing OA and he was allowed to continue after 01/10/2003 under interim order of the Tribunal and the matter was finally heard and dismissed vide order impugned dt. 20/01/2004 and practically he served in the department upto the date of rejection of his OA and that is subject matter of challenge in the instant writ
(3.) IT is informed that the date of birth of the petitioner is 12/09/1948 and he would be in service, if have been allowed to continue upto 30/09/2007 the date of superannuation.;