AKIL KURESHI J. : - - (1.)In this petition Rule was issued on 2 -4 -2004 and ad interim relief staying the order relieving the petitioner from the post of Assistant Administrative Officer was granted. Thus, the petition was placed before this Court for consideration of confirmation/vacation of interim relief. At the joint request of the learned advocates appearing for both the sides, however, the petition was heard for final disposal from time to time. Accordingly, I have heard the learned advocates appearing for the parties at considerable length.
(2.)In this petition, the petitioner has challenged the action of the respondents in not permitting him to withdraw his notice of voluntary retirement. In particular, the petitioner has prayed for a direction to quash and set aside the order dated 5 -1 -2004 passed by the respondents by which the notice of voluntary retirement given by the petitioner on 5 -1 -2004 was accepted.
(3.)Short facts leading to the present petition are that the petitioner, who is working as Assistant Administrative Officer with the respondent No.1, i.e., Physical Research Laboratory, had sent a notice of voluntary retirement on 5 -1 -2004. The petitioner had by then put in more than 30 years of service with the respondents, having been appointed as a clerk on 16 -9 -1972. The petitioner received his due promotions from time to time and was lastly promoted as Assistant Administrative Officer on 1 -9 -1992.
3.1 It is the case of the petitioner that in his service career of more than 30 years, he has not received any adverse remark nor has he been served with any charge -sheet by the respondents. The petitioner has further stated in his petition that in the year 2001, there was some harassment to the petitioner by the respondent No.2 and he was subjected to mental harassment. He was also overlooked for the post of Administrative Officer for which the petitioner approached this Court by filing Special Civil Application No.9355/2002, which petition is admitted and is pending for final disposal.

3.2 On account of the mental disturbance and frustration that the petitioner felt due to harassment, he gave a notice for voluntary retirement on 5th January, 2004. In the said notice of voluntary retirement, the petitioner indicated that he may be relieved from 5th April, 2004. The respondents accepted the request of the petitioner for being permitted to retire voluntarily on the same day and by an office order dated 5th January, 2004, accepted the notice of voluntary retirement. It was provided in the said order that he will be relieved from service with effect from 6th April, 2004.

3.3 Almost immediately thereafter on 13th January, 2004, the petitioner sought permission to withdraw his notice for voluntary retirement. In his letter dated 13th January, 2004, seeking withdrawal of his voluntary retirement, the petitioner conveyed to the authorities that due to his personal and family reasons he is not in a position to seek voluntary retirement and he, therefore, withdraws the notice dated 5th January, 2004, with immediate effect. He further requested that the office order dated 5th January, 2004, accepting his notice of voluntary retirement be treated as cancelled. He also indicated that he hopes for positive approval so that he would be able to look after his old parents, wife and daughter and that due to his mistake they may not suffer. He requested that his application be considered on humanitarian ground.

3.4 Since the petitioner did not hear anything from the respondents in this regard, he made a further detailed representation on 11th February, 2004, in which he highlighted the work done by him and also pointed out the unfair treatment meted out to him.

3.5 On 8th March, 2004, the petitioner wrote yet another letter to the Director -PRL. In the said letter dated 8th March, 2004, the petitioner pointed out that he has already withdrawn his notice of voluntary retirement dated 5th January, 2004, by his subsequent letter dated 13th January, 2004. He requested that he may be continued in service till the age of superannuation so that he may be able to look after his old parents, wife and unmarried daughter as there is no other earning member in the family. He pointed out to the authorities that as per the decision of the Hon'ble Supreme Court even if the notice of voluntary retirement is accepted by the employer, it is open for the employee to withdraw his request before actual date of his retirement. He, therefore, once again reiterated his request for being permitted to withdraw his notice of voluntary retirement and that he should be permitted to continue in service beyond 5th April, 2004.

3.6 When the petitioner did not receive any communication from the respondents and finding that he would be made to retire with effect from 6th April, 2004, he approached this Court by filing present petition, challenging the action of the respondents in not accepting his request for permitting him to withdraw the notice of voluntary retirement as mentioned above.