ORDER

Leave granted. We have heard learned counsel on both sides.

2. This appeal by special leave arises from the judgment of the Division Bench of the Delhi High Court, made on 1.11.1996 in C.W. No. 2086/95.

3. The admitted position is that the respondent, while working in the appellant-Corporation, had applied for voluntary retirement, pursuant to the scheme framed by the Corporation to relieve the surplus staff. Initially, by proceedings dated December 20, 1994, the Corporation accepted his resignation subject to the clearance of the outstanding dues. The acceptance was to be given effect from December 31, 1994. By letter dated January 6, 1995, he requested for deduction of a sum of Rs. 37,521.20 out of the outstanding dues. He also requested thus:

"I once again request you that the formal relieving order relieving me from PFC w.e.f. 31.12.1994 be handed over to me immediately. My service period for which ex-gratia is payable be informed to me and my dues be paid immediately."

4. Based thereon, it is contended by Mr. P.P. Rao, learned senior counsel for the appellant, that acceptance of the voluntary retirement of the respondent was a conditional one. He himself understood that unles