IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 21092 of 2008 DATE OF DECISION : FEBRUARY 12, 2009 V.K. AGGARWAL ....... PETITIONER(S) VERSUS CHAIRMAN & MANAGING DIRECTOR, NTPC LTD. AND ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Amit Aggarwal, Advocate, for the petitioner(s). AJAI LAMBA, J. This petition under Articles 226/227 of the Constitution of India has been filed with a prayer for issuance of a writ in the nature of certiorari for quashing order dated 30.8.2003 (Annexure P-8) whereby the petitioner has been relieved from service, on acceptance of his request for voluntary retirement under the Voluntary Retirement Scheme. Learned counsel for the petitioner states that no doubt the petitioner had applied for voluntary retirement under the Scheme, however, the request had been withdrawn. I have considered the contention of the learned counsel for the petitioner. Civil Writ Petition No. 21092 of 2008 2 A legal notice was issued to the respondent-employer. A reply thereto was given, which has been placed on record as Annexure P- 15. It transpires therefrom that no letter had been received from the petitioner withdrawing the request for voluntary retirement and, therefore, the action of the respondents could not be termed as unilateral or of forceful release of the petitioner from the service of NTPC. I have also considered the fact that the petitioner has been paid the dues towards Gratuity, Provident Fund, Leave Encashment, etc., after acceptance of his request for voluntary retirement under the Scheme. The petitioner accepted the dues in consequence of acceptance of his request for voluntary retirement. In this view of the matter, the petitioner has no right to now challenge the action of the respondents, having once accepted the dues payable under the Scheme to him. I have also taken note of the fact that the petition suffers from delay and latches in so much as the impugned order was passed on 30.8.2003, whereas the present petition has been filed in November, 2008. There is no reasonable explanation coming forth for the delay. The petition is, accordingly, dismissed in limine. February 12, 2009 ( AJAI LAMBA ) Kang JUDGE