IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 549 of 2007 (S/S) Smt. Sarita Pancholi W/o Sri P.N. Pancholi Mayvilla Compound, Mallital, Nainital. ................... Petitioner Versus 1. State of Uttarakhand through Secretary Higher Education, Uttarakhand, Dehradun. 2. Director, Higher Education, Haldwani Nainital, Uttarakhand. 3. Registrar, Kumaon University, Nainital, District Nainital. ........................... Respondents Mr. Kishore Kumar, learned counsel for the petitioner. Mr. N.P. Sah, Standing Counsel for respondents No. 1 and 2. Mr. B.D. Upadhyaya, learned counsel for respondent No. 3. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the impugned order dated 13.02.2003 (copy Annexure – 7 to the writ petition). A mandamus has also been sought directing the respondents to permit voluntary retirement to the petitioner under the Voluntary Retirement Scheme and also to grant the post retiral benefits to her. 3) The petitioner was working as Junior Assistant with the Kumaon University at Nainital. By the impugned order dated 13th February 2003, her services were terminated, as she was absent from duty for a long time. 4) Learned counsel for the petitioner states that meanwhile during the pendency of this writ petition, the impugned order dated 13.02.2003 has already been withdrawn on 12.06.2007, a copy of which is annexed with the affidavit filed with Interim Relief Application No. 145 of 2007, by which after withdrawing the order of termination, the petitioner has been allowed the voluntary retirement w.e.f. 08.12.2002. 5) Learned counsel for the parties are agreed and state that the writ petition may be disposed of with the observation that the petitioner shall be allowed to the admissible post retiral benefits in view of the order dated 12.06.2007, passed by the respondent University. 6) Therefore, the writ petition is disposed of with the direction to the respondents that the petitioner shall be entitled to the post retiral benefits, admissible to her under the rules, as she is allowed to voluntary retirement w.e.f. 8th December 2002 (as mentioned in the order dated 12.06.2007, passed by the respondent University ). ( Interim Relief Application No. 145 of 2008 as well as Misc. Application No. 822 of 2008 both stand disposed of, accordingly). (Prafulla C. Pant, J.) Dt: March 04, 2008. H. Negi