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Judgment
Surya Kant, J.—The appellant was a fourth class employee working as Water Carrier in the Haryana Armed Police Department. Due to some compelling circumstances including some personal reasons, the appellant applied and was granted voluntary retirement w.e.f. 31.3.2011. Thereafter, he changed his mind, may be realizing the family responsibilities, and moved an application to withdraw his request and take him back in service. His request was declined and the said order has been upheld by the learned Single Judge. We have heard learned counsel for the appellant and gone through the record.
There can be no doubt that on literal interpretation and consequential implementation of the rules, the request for voluntary retirement cannot be withdrawn after it has been formally accepted and the employee retired. However, unless it is so provided expressly under the rules, nothing precludes the Competent Authority to re-consider the request of an employee on humanitarian grounds and take him back in service subject to the permissible terms and conditions. In the peculiar facts and circumstances of this case where the appellant was a Class-IV employee and presumably was not fully aware of the consequences which were to fall upon him after voluntary retirement, we dispose of this appeal with liberty to the appellant to submit a representation highlighting the mitigating circumstances and the same shall be sympathetically considered by the Competent Authority without being influenced by their previous order(s) or of the learned Single Judge.
Ordered accordingly. Dasti.