IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 637 of 2008 (S/S) Mohan Ram Arya S/o late Daleep Ram Arya R/o Village and Post Mehra Gaon Tehsil and District Nainital. . Petitioner ...………… [ Versus 1. State of Uttarakhand through Principal Secretary Gramya Vikash, Govt. of Uttarakhand, Dehradun. 2. Commissioner, Gramya Vikash and Panchayati Raj, Uttarakhand, Dehradun. 3. Chief Development Officer, Nainital. 4. District Development Officer, Nainital. ...…………. Respondents Mr. M.C. Kandpal, Senior Advocate assisted by Mr. S.S. Chaudhary, learned counsel for the petitioner. Mr. Lalit Sharma, learned Brief Holder for the respondent State. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the petitioner. 2) By means of this writ petition, the petitioner has challenged the order dated 12.11.2003, passed by the Chief Development Officer, Nainital, whereby request for voluntary retirement sought by the petitioner is accepted by said authority. 2 3) Learned counsel for the petitioner submitted that the petitioner’s request for voluntary retirement was conditional and it could have been accepted only with that condition. However, perusal of the request for voluntary retirement (a copy of which is Annexure –2 to the writ petition) shows that there is no condition mentioned by the petitioner while seeking voluntary retirement. As such, the impugned order dated 12th November 2003 (copy Annexure –3 to the writ petition) accepting the request for voluntary retirement of the petitioner, suffers from no illegality. The impugned order has been challenged after more than four years. 4) In the above circumstances, this writ petition has no force and is liable to be dismissed. The writ petition is dismissed summarily. (Stay Application No. 4515 of 2008 also stands dismissed, accordingly). (Prafulla C. Pant, J.) [ Dt. July 22, 2008. H.Negi 3