1 S.B.CIVIL WRIT PETITION NO.5692/2007 Satyapal v. Union of India & Ors. Date of Order :: 18 th November, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. SNS Rajpurohit, for the petitioner. Mr. Kuldeep Mathur, for the respondents. .... By an order dated 13.1.2007, the petitioner, an Upper Division Clerk with the respondents, was transferred from 527 SSTC (P) CTK to 426 RMP/117 RCC (P) VTK. On receiving the order of transfer the petitioner submitted an application for voluntary retirement on 31.1.2007, however, the same was withdrawn on 22.2.2007. A writ petition subsequent thereto was filed by the petitioner before Hon'ble Punjab & Haryana High Court giving challenge to the order of transfer and also pressing for voluntary retirement. The petition for writ aforesaid came to be dismissed as withdrawn on 26.3.2007. An application was again submitted by the petitioner seeking voluntary retirement and the same was withdrawn on 17.4.2007. In pursuant to the order of transfer dated 13.1.2007 the competent authority passed a movement order for departure of the petitioner to transferred placed on 28.6.2007 (afternoon). On receiving the movement order the petitioner again submitted an 2 application seeking voluntary retirement addressed to OC 527 SSTC (GREF) c/o 56 APO. By this petition for writ a direction is sought by the petitioner for the respondents to act upon the application dated 28.6.2007 by accepting his retirement voluntarily. A detailed reply to the writ petition has been filed on behalf of the respondents stating therein that the petitioner is a member of Armed Force and he is required to act in accordance with the desired discipline. It is also stated that after issuance of the order of movement the competent authority to consider the request for voluntary retirement is Commanding Officer of the unit to which the petitioner is transferred and not the OC 527 SSTC (GREF). This Court on 21.8.2008 directed the petitioner to submit an application for voluntary retirement afresh to the Commander, 426 RMP/117 RCC (P) VTK through the Director General, Border Road Organisation, Seema Sadak Bhawan, Ring Road, Delhi Cantt. with a further direction to the respondents to take an appropriate decision on the application for voluntary retirement. In pursuant to the order dated 21.8.2008 the petitioner submitted an application to the authority competent and by an order dated 9.10.2008 (No.1280/763 TF/02/E1B) the same has been accepted by the competent authority. The petitioner is 3 instructed by a communication dated 15.10.2008 and by the communication dated 20.10.2008 to report physically to his unit i.e. 426 RMPL/117 RCC (GREF) to complete the formalities as per existing rules for proceeding on voluntary retirement. In view of the fact that the respondents have already accepted request of the petitioner for undergoing voluntary retirement, this petition for writ has become infructuous. However, during the course of arguments it is stated by counsel for the petitioner that a direction be given to the respondents not to compel the petitioner to report physically before his unit. I am of the considered opinion that the same shall not be appropriate in view of the existing rules. The petitioner is required to report to his unit as per the prevailing procedure before proceeding on voluntary retirement. For the reasons stated above, this petition for writ is dismissed. ( GOVIND MATHUR ),J. kkm/ps.