SBWCP NO.4391/06. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.4391/2006. Hari Singh Prabhakar Vs. State of Rajasthan and others Date of Order : 26/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vigyan Shah for the petitioner. Shri B.L. Awasthi, Additional Government Counsel. **** This writ petition has been filed by the petitioner challenging the order dated 15/5/2006 (Annexure-6) by which his prayer for revokation of his earlier request seeking voluntary retirement has been rejected by the Deputy Registrar (Admn.), respondent No.3. 2) Petitioner was appointed in the services of respondents on the post of L.D.C. vide order dated 6/3/1982. The petitioner vide an application dated 1/4/2006 moved to the Registrar Cooperative Societies Rajasthan, Jaipur under Sections 50 & 51 of the Rajasthan Civil Services (Pension) Rules, 1996, requested that he should be granted voluntary retirement w.e.f. 1/7/2006. Subsequently, he made another application on 10/4/2006 requesting that his voluntary retirement should be made effective from 15/5/2006. The Registrar Cooperative Societies Rajasthan, Jaipur vide order dated 28/4/2006 accepted SBWCP NO.4391/06. 2 application of the petitioner for voluntary retirement and permitted him to retire voluntarily under Rule 50 of the Rules of 1996 w.e.f. 15/5/2006. In the meantime, petitioner had the change of mind and submitted yet another application to the Registrar Cooperative Societies Rajasthan, Jaipur on 3/5/2006 requesting that on re-consideration and re-analysis of over-all situation of his family that (i) there was no elder person except him in the family to earn the livelihood, (ii) there is no other source of income of the petitioner (iii) petitioner had three unmarried daughters and it would not be possible for him to arrange their marriage within the meagre amount of pension and that (iv) he was still having 12 years left in service, he wanted to withdraw request for voluntary retirement. He therefore requested that taking into consideration all those humanitarian aspects, the Registrar Cooperative Societies Rajasthan Jaipur should allow him to withdraw his application for voluntary retirement and accordingly cancel the order of retirement dated 23/4/2006. His earlier request seeking voluntary retirement w.e.f. 15/5/2006, may treated to have been revoked. But, the application of the petitioner was rejected by the Registrar as was conveyed to him by the Deputy Registrar vide order dated 15/5/2006 (Ann.6) which is impugned in the present writ petition. SBWCP NO.4391/06. 3 3) Shri Vigyan Shah, learned counsel for the petitioner has relied on the Division Bench judgments of this Court in State of Raj. & Ors. Vs. Achala Ram : 2005(1) W.L.C. (Raj.) 796 as well as Union of India Vs. Ex.Group Capt.M.S. Bhatnagar : 2008(3) RLW 2017 (Raj.) number of Supreme Court judgments referred to therein and argued that law is well settled that an employee has right to revoke his request for voluntary retirement before effective date of such retirement is reached and respondents could not deny his request in this behalf. 4) Shri B.L. Awasthi, learned Additional Government Counsel has opposed the writ petition and submitted that the petitioner had no valid justification for revoking the request of voluntary retirement and that no justified reason was stated by the petitioner in making such a request. Once, the request of voluntary retirement was accepted, the petitioner could not insist for withdrawing of the order which has already come into being. The action of the respondents in not permitting the petitioner to withdraw the voluntary retirement and not withdrawing the order dated 28/4/2006 is therefore perfectly valid. 5) Controversy raised in this petition is squarely covered by the aforesaid judgments of this Court as also by the Supreme Court in catena of judgments. Even though the petitioner had made SBWCP NO.4391/06. 4 application in accordance with Rule 50 of the Rules of 1996 with the prayer seeking voluntary retirement and though the application seeking voluntary reitrement was accepted by passing appropriate order to retire him on a particular date, then also, petitioner had a legal right to revoke his request seeking voluntary retirement before the said date arrived. In the present case, petitioner had already submitted application on 3/5/2006 to the Registrar for revoking/withdrawing his request for voluntary retirement w.e.f. 15/5/2006. Therefore, there was no legal basis for the respondents then to refuse such permission to the petitioner. The petitioner has clearly stated that he now in the circumstances in view of the fact that he was only earning member in the family having three unmarried daughters as well as the fact that 12 years are still left of his service therefore, he having had change of mind decided to withdraw his earlier request seeking voluntary retirement. 6) In view of the above facts, the action of the respondents in rejecting the application of the petitioner vide order dated 15/5/2006 for revocation of his earlier request seeking voluntary retirement and that too without assigning any justified reason as per ratio of the aforesaid judgments of this Court, was wholly illegal and arbitrary. SBWCP NO.4391/06. 5 7) That being so, the writ petition deserves to be allowed and it is accordingly allowed. Impugned- order dated 15/5/2006 (Annexure-6) is accordingly quashed and set-aside. Petitioner is held entitled to get all consequential benefits including the backwages. The compliance of this order be made within three months from the date copy of this order is produced before the respondents. (MOHAMMAD RAFIQ), J. anil/-