CWP NO.890 OF 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 20.1.2009 Parminder Singh ...Petitioner VERSUS State of Punjab & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.M.L.Sachdeva, Advocate for the petitioner Permod Kohli, J. (Oral) The petitioner was serving as Senior Laboratory Attendant in the Department of Education. He submitted application dated 13.5.2008 for voluntary retirement on the ground that he has rendered more than 21 years of service and on account of domestic circumstances, he is unable to continue in service. This application was in the nature of a notice for voluntary retirement from 13.5.2008. It is stated that he also deposited the three months salary in the Government Treasury in lieu of notice period of three months. The request of the petitioner for voluntary retirement was forwarded by the Headmaster of the Government High School, Jaja, District Hoshiarpur. The request was accordingly accepted and voluntary retirement of the petitioner was approved w.e.f. 13.5.2008 vide order dated 11.6.2008 CWP NO.890 OF 2009 2 (Annexure P-8). Consequently, the petitioner was relieved by the Headmaster on 12.6.2008 vide relieving report (Annexure P-9). It appears that the petitioner had a re-thinking and made application dated 13.8.2008 (Annexure P-10) for withdrawal of the voluntary retirement. The petitioner has accordingly filed this petition seeking a direction to the respondents to allow him to withdraw the request for voluntary retirement and to permit him to re-join the duty. The petitioner has placed reliance upon Rule 7.5(1) of the Punjab Civil Services Rules, Vol.I, Part-I. The relevant extract of the said Rule is reproduced as under:- “7.5(1) Resignation from a service or a post, Unless it is allowed to be withdrawn in public interest by the appointing authority, entails forfeiture of past service. (2).A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Govt. where service qualifies for pension. (3)Interruption in service in a case falling under sub-rule (2), due to the two appointments being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government employee on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him. (4)the appointing authority may permit a person to withdraw his resignation in public interest on the following conditions, namely:- CWP NO.890 OF 2009 3 (i)that the resignation was tendered by the Government employee for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made a result of a material change in the circumstances, which originally compelled him to tender the resignation. (ii)that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper. (iii)that the period of absence from duty between the date on which the resignation became effective and the date on which the person was allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days; (iv)that the aforementioned period of ninety days shall be observed in the manner that the employee concerned should put in his application for withdrawal of resignation within two months of being relieved and the same should as far as possible be processed within a period of one month; and (v)that the post, which was vacated by the Government employee on the acceptance of his resignation or any other comparable post, is available.” From the aforesaid Rule, it is apparent that the rule has no application in case of voluntary retirement. It deals with the resignation and its withdrawal. Even this rule indicates that the withdrawal of the resignation is permitted before it is accepted. In the present case, the CWP NO.890 OF 2009 4 petitioner applied for voluntary retirement by depositing the salary of three months in lieu of the notice period. The request for voluntary retirement stands accepted and the petitioner has already been relieved. There is no provision for withdrawal of the voluntary retirement. I find no merit in this petition which is accordingly dismissed. (PERMOD KOHLI) JUDGE 20.1.2009 MFK NOTE:Whether to be referred to reporter or not:NO