RAMESH CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant while working as Assistant Personnel Officer (APO for short) in the office of the Divisional Railway Manager, Western Railway, Ajmer, received the order Annex. A.6 dated 5.9.2000, whereby he was transferred to Ratlam. He did not like the transfer and therefore he sought voluntary retirement by submitting the application (Annex. A.7) dated 12.9.2000. In this application he gave three months notice for voluntary retirement. THE competent authority on the completion of the notice period accepted the request of the applicant for voluntary retirement vide order dated 12/13.12.2000 (Annex. A.1). THE applicant calls in question the order Annex. A.1.

(2.) The case for the applicant is that before the impugned order was passed, he had made an application on 15.11.2000 withdrawing his request for voluntary retirement. It is averred that the transfer order from Ajmer to Ratlam was arbitrary, discriminative and ex facie wrong and that he had made a representation Annex. A.8 for the cancellation of the transfer order and had also made an application for voluntary retirement Annex. A.7. It is stated that the applicant was called by the respondent No. 2 in his Chamber and in his presence he had directed the respondent No. 3 to cancel the order of transfer of the applicant whereupon he had submitted the application dated 15.11.2000 (Annex. A.12) withdrawing his request for voluntary retirement. It is stated that the application dated 12.9.2000 seeking retirement was conditional and it was not voluntary act of the applicant and that he had withdrawn the request of voluntary retirement in unequivocal terms.

(3.) IN the rejoinder the applicant's case is that he has been discriminated when he was transferred. It is averred that the request for voluntary retirement was not unconditional and therefore it ought not to have been accepted.