1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.5522/2007. : : Abu Talib Vs. Rajasthan Financial Corporation & Ors. : : Date of Order 6.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Mahendra Shah for the petitioner. Mr. N. S. Chauhan for the respondents. Heard learned counsel for the parties. 2. This writ petition has been filed by the petitioner challenging the order passed by respondents on 16.11.2006 by which his request for withdrawal of his application dated 3.11.2006 seeking voluntary retirement was rejected. Petitioner has also challenged the order dated 16.11.2006 by which he has been ordered to retire in the afternoon on 16.11.2006 and also the order dated 1.5.2007 by which his appeal against the aforesaid order was rejected. 3. Shri Mahendra Shah, learned counsel for the petitioner submitted that petitioner was serving the 2 respondents on the post of Deputy General Manager. He submitted an application for voluntary retirement on 3.11.2006. In his application he requested that he be allowed to voluntarily retire w.e.f. 16.11.2006. The respondents by order dated 9.11.2006 accepted his application. But in the meantime, the petitioner had change of mind and submitted another application on 13.11.2006, by which he requested the respondents to allow him to withdraw his first application. The respondents have illegally rejected his application and by another order dated 16.11.2006 passed on the same date directed him to retire from service from afternoon of that day. The appeal submitted by petitioner was also rejected by Board of Directors without application of mind. Learned counsel submitted that it is the right of an employee to withdraw the request of voluntary retirement before voluntary retirement has actually taken effect, even if the application for voluntary retirement has been accepted. Learned counsel in support of his argument has relied on following judgments : [1] 2000 (5) SCC, 621, [2] 1989 Supreme (20) SCC, 175 [3] 1978 (2) SCC, 301, [4] 2000 (1) SCC 158 para 9 : UOI Vs. Wing Comr. T. Parthswamy, [5] 1984 (2) SCC, 141 [6] 2005 (10) RDD 4092 RSR, [7] 2003 (2) SCC, 721, [8] 1998 (9) SCC, 559, [9] 1974 (4) SCC, 280, 3 [10] 1987 Sup. SCC, 288, [11] 1969 SCC, 180 and [12] 1988 (1) SCC, 454. 4. Shri N. S. Chouhan, learned counsel for the respondents opposed the writ petition and submitted that petitioner submitted his application for voluntary retirement as per the scheme floated vide circular dated 27.9.2006. In the scheme there was no such provision that the employee who seeks voluntary retirement would be at later point of time permitted to allow to withdraw such application. Once the option was exercised by the employee, the option would have attained finality and that subsequent request for withdrawal cannot be accepted. 5. Having heard learned counsel for the parties and perused the material on record, I find that law on voluntary retirement is now well settled following catena of judgments of Supreme Court and of this Court, which is that if request of voluntary retirement is sought to be withdrawn by the employee concerned before arrival of date with effect from which he is to retire, the employer cannot refuse such permission even if application has been earlier accepted and the order to that effect has been passed. In the present case, 4 it is not disputed that application seeking to withdraw the voluntary retirement was submitted by petitioner on 13.11.2006 three dates before the date on which he was going to retire i.e. 16.11.2006. Respondents could not refuse to allow the petitioner to withdraw such request. The respondents have, even otherwise in the impugned order, not assigned any reason why such permission could not be allowed to petitioner. In the result, this writ petition is allowed. The impugned orders dated 16.11.2006 and 16.11.2006 are quashed and set aside. The respondents are directed to reinstate the petitioner forthwith all consequential benefits within a period of one month from the date copy of this judgment is produced before them. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.104.