Geeta Singh Parihar vs State of M.P. and Others

Challenge in this appeal u/s 2 of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 is made to an order-dated 15.11.2010, passed by the writ court in W.P. No. 15964/2010.

Appellant was working as an Assistant Grade III in Bharat Scout & Guide Establishment, Bhopal. It seems that the appellant was granted compassionate appointment after death of her husband. She had worked for 16 years and when she developed certain ailments in the year 2009, on the advice of the Doctor and due to ill-health, she is said to have submitted an application seeking voluntary retirement and vide order-dated 19.2.2009 her request for voluntary retirement was accepted, she was retired from service and all retrial dues amounting to Rs. 1,47,344/- was paid to her by a cheque alongwith the order-dated 19.2.2009. The aforesaid factual assertion is made by the appellant, in paragraph 1 of the writ appeal.

It is the case of the appellant that after the voluntary retirement was accepted and she was retired, she recovered in her health and, therefore, on 7.4.2009, 4.6.2009 and 8.3.2010, she sought permission to withdraw the application for voluntary retirement and claimed reinstatement. Vide order-dated 18.6.2009, she was informed that once the voluntary retirement has been accepted and she is retired, she cannot be permitted to withdraw the same. Aggrieved thereof, the writ petition was filed and the learned writ court found that once the request for voluntary retirement is accepted and the employee is retired from service and all the terminal benefits paid, the law does not permit withdrawal of the voluntary retirement and, therefore, dismissed the writ petition. In doing so, we are of the considered view that the learned court has not committed any error warranting any further reconsideration in the matter.

It is a well settled principle of law that an employee, who tenders an application for resignation or seeks voluntary retirement from service is only entitled to withdraw the request prior to acceptance of the request. Once the request is accepted, there is no right available to the employee for withdrawal of the request made. In this regard the law laid down by the Supreme Court in the following cases- The Secretary, Technical Education, U.P. and Others Vs. Lalit Mohan Upadhyay and Another, ; and, Sanjay Victor Vs. State of M.P. and Another, , may be taken note, which clearly lays down a provision that resignation or a request for voluntary retirement once accepted and enforced, cannot be withdrawn. That being the legal position, the learned writ court has not committed any error in rejecting the writ petition.

Accordingly, finding no ground for interference, the writ petition is dismissed.