1 S.B.CIVIL WRIT PETITION NO. 3810/2008 Badri Prasad Vs. State of Rajasthan & Ors. Date of Order :: 07.09.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. D.K. Parihar, for the petitioner/s. Mr. L.K. Purohit, for the respondents. Mr. K.K. Bissa ... While working in work-charge cadre of the Department of Irrigation the petitioner was declared surplus and he was absorbed in services of Panchayat Raj Department as per the Government of Rajasthan decision referred in communication Ex.1 dated 23.8.2002. An application was submitted by the petitioner seeking voluntary retirement from service, therefore, the Vikas Adhikari, Panchayat Samiti- Bali, District – Bali by an order dated 26.5.2008 relieved the petitioner to report in the office of the competent authority i.e. Executive Engineer, Jawai Canal Division, Sumerpur on 26.5.2008. Relevant to mention here that as per the Government of Rajasthan decision referred in communication dated 23.8.2002 (Ex.-1), the work charge employees who were posted as Gram Sewak, on their being surplus were to be repatriated to their parent department before two months from the date of their retirement and only in view of it the Vikas Adhikari, Panchayat Samiti- Bali passed an order dated 26.5.2008 2 repatriating the petitioner to his parent department. The petitioner on 29.5.2008, that is just prior to two days from the effective date for voluntary retirement withdrew his request for voluntary retirement and as such he was again sent to the Panchayat Raj Department. By this petition for writ a direction is sought by the petitioner for permitting him to continue to work in the office of Executive Engineer, Jawai Canal Division, Sumerpur. I do not find any merit in the claim made as retention of the petitioner with Executive Engineer, Jawai Canal Division could be made only in the terms of the decision referred in letter Ex.1 dated 23.8.2002. Once the petitioner has withdrawn his request from voluntary retirement there is no reason to permit him to continue in the office of the respondent Executive Engineer. In view of it, the petition for writ is dismissed. However, the respondent Vikas Adhikari, Panchayat Samiti-Bali shall allow the petitioner to continue in its service as Gram Sewak and it shall be open for him to take appropriate decision regarding the period the petitioner did not work in his office. (GOVIND MATHUR), J. Jgoyal '