ORDER :

1. Leave granted.

2. This appeal is directed against the judgment and order dated 29.08.2006 of the High Court of Madhya Pradesh, Bench at Indore in Writ Petition(s) No. 1028 of 2004 whereby the Division Bench of the High Court has dismissed the writ petition filed by the appellant herein and affirmed the order dated 13.01.2004 passed by the Central Administrative Tribunal, Jabalpur, Circuit Bench, Indore in O.A. No. 1002/2000.

3. Brief facts which are necessary for the disposal of the present appeal are that the respondent herein was working in the appellant organisation as Manager. Since he wanted to go on voluntary retirement, he tendered a three months' notice dated 31.12.1999 for voluntary retirement to retire him with effect from 31.3.2000. The said notice of the respondent for relieving him on voluntary retirement was accepted by the appellant corporation on 10.2.2000. However, on 22.3.2000, i.e., 10 days prior to the date of relieving him, the respondent sought to withdraw his notice of voluntary retirement whereby the respondent had sought voluntary retirement with effect from 31.3.2000. The request for withdrawal of the notice for voluntary retirement was rejected by the appellant corporation on 17.4.2000. Aggrieved against the said order of rejection dated 17.4.2000, the respondent herein approached the CAT, Jabalpur, Circuit Bench, Indore. The CAT vide its order dated 13.01.2004 quashed and set aside the order dated 17.4.2000 of the appellant herein and directed the appellant to treat the applicant-respondent to have continuously worked till the date of actual superannuation and granted him all arrears of salary and other emoluments including increments and to get his pensionary benefits refixed accordingly. Aggrieved against the said order of the CAT, the appellant filed a writ petition before the High Court of Madhya Pradesh which was dismissed by the impugned judgment and order and the order of the Tribunal was affirmed. Hence the present appeal by special leave.

4. The Division Bench of the High Court with reference to sub-Rule (2) of Rule 48 of the Central Civil Services (Pension Rules, 1972) held that the respondent has revoked his resignation before the last date i.e. 31.3.2000. Therefore, he should have been permitted to withdraw the same and the acceptance of retiral benefits including pension, gratuity, leave encashment etc. ought to have been ignored. Placing reliance on various decisions of this Court including the cases of Union of India v. Gopal Chandra Misra, (1978) 2 SCC, 301, Balram Gupta v. Union of India 1987, (Supp.) SCC 228 and Punjab National Bank v. P.K. Mittal, 1989 (Supp. 2) SCC 175, the Division Bench dismissed the writ petition. That is how the appellant is before us.

5. We have heard learned counsel for the parties and perused the record. It is true that the respondent herein has tendered the notice dated 31.12.1999 for seeking voluntary retirement with effect from 31.3.2000 and his request was accepted by the appellant on 10.2.2000. But the respondent revoked his request for voluntary retirement by letter dated 22.3.2000, i.e., prior to 31.3.2000. In this appeal, the question that arises for our consideration is whether after respondent's resignation has been accepted by the appellant and the appellant has been given marching orders and he has already withdrawn all the pensionary benefits including leave encashment, gratuity, commutation on 14.9.2000, is it still open for him to agitate the matter. The respondent herein filed an Original Application before the Tribunal on 12.11.2000. Can such conduct of the respondent be permitted.

6. Rule 48(2) of the Central Civil Services (Pension) Rules, 1972 reads as under :-

"(2) A Government servant, who has elected to retire under this rule and has given the necessary intimation to that effect to the Appointing Authority, shall be precluded from withdrawing his election subsequently except with the specific approval of such authority :

Provided