1. Union of India through Secretary, Ministry of Water Resources, Government of India, Shram Shakti Bhawan, New Delhi110001. 2. Chairman, Central Water Commission, Sewa Bhawan, R.K. Puram, New Delhi110066.  Respondents ( By Shri Subhash Gosain, Advocate ) O R D E R Justice V. K. Bali, Chairman: P. K. Alagh, working on the post of Superintending Engineer at the relevant time, the applicant herein, sought voluntary retirement under FR56(k) contained in ChapterIX of Fundamental Rules (PartI General Rules), vide his request application dated 16.8.2007. Even though, his request was rejected vide order dated 14.11.2007 on the only ground of incumbency position in the department, he was yet relieved on 16.11.2007, and is admittedly no more working with the respondent department eversince. When the respondents were delaying making over of his postretiral dues, present Original Application under Section 19 of the Administrative Tribunals Act, 1985 came to be filed seeking declaration that the applicant stood voluntarily retired from service with effect from 16.11.2007 and that the letter dated 14.11.2007 would be non est in the eyes of law. The applicant also seeks his postretiral dues with interest. 2. Brief facts of the case as projected in the Application and on which there is absolutely no dispute, reveal that the applicant initially joined the Central Water Commission as Assistant Director on 30.6.1993 on being selected in the combined engineering services examination held in 1981. At the time of joining service, he was 25 years and 9 months old, his date of birth being 22.9.1957. He was promoted as Deputy Director w.e.f. 23.11.1987. In December, 1988 he was posted as Executive Engineer in Silchar and served there up to June, 1991, whereafter he was transferred to Jammu where he served up to 1995. The applicant was further promoted as Director w.e.f. 11.8.1997. From June, 2002 to September, 2006 he was sent on deputation to WAPCOS (a PSU under the Ministry of Water Resources) in public interest. On return from the said deputation, the applicant joined Farakka Barrage Project (FBP) as superintending Engineer w.e.f. 26.10.2006. The applicant applied for voluntary retirement on 30.10.2006, but the respondents intimated him that the same was not being accepted on administrative grounds. He applied for voluntary retirement twice thereafter but the respondents declined the same on both occasions. On 16.8.2007, the applicant gave notice of voluntary retirement under FR56(k), where, it is the case of the applicant, no specific acceptance of the Government is necessary as the applicant was completing fifty years of age on 22.9.2007. The respondents vide letter dated 14.11.2007 did not accept the same citing the incumbency position in the department. It was further stated that the request of the applicant would be examined once the cadre position improved. It is not in dispute that at no given time the applicant was facing any departmental action. He was, admittedly as well, never placed under suspension. Despite rejection of his request for voluntary retirement, on expiry of three months, the applicant relinquished the charge on 16.11.2007. Copy of the certificate of relinquishment of charge has been annexed with the Application as Annexure A4. It is the case of the applicant that the relinquishment report was duly submitted to the respondents in normal course, and the respondents also accepted the same in normal course. He also intimated the respondents to take over the possession of government accommodation allotted to him as well as to disconnect the official telephone on the same very day, i.e., 16.11.2007. Documents in that regard have been placed on records as Annexure A5. In the facts and circumstances as mentioned above, it is the case of the applicant that once, he stood relieved the respondents were obliged to release his postretiral dues. As the same was not done, he made several representations in that behalf, copies whereof have been annexed as Annexure A6 (colly.). The respondents after receipt of the representations endorsed copy of a letter dated 3.2.2009 addressed to Under Secretary, Central Water Commission, to the applicant pointing out certain errors and omissions in his service book. It was pointed out therein that the Sr. Administrative Officer of Farakka Barrage Project had written to the Commission for doing the needful at their end.