Navin Sinha, J.

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The question for consideration is whether the petitioners application for voluntary retirement stood withdrawn by his conduct and waiver by the respondents, before the communication of its acceptance.

3. Options for choice posting were invited on 28.5.2008/3.6.2008. The petitioner was given posting to another district outside his options. Peeved, on 3.7.2008 he wrote that in view of his medical condition requiring medical supervision he may be granted permission for voluntary retirement. The District Magistrate on 21.7.2008 wrote to the controlling authority that pending decision on the petitioners application he was being retained in the same District as before the order of transfer. This was reiterated on 10.11.2008. On 4.5.2009 the petitioner wrote to the controlling authority that he has since joined on the transferred post at the other District and only reiterated his request for a preferred option posting due to his medical condition. On 25.8.2009 the controlling authority communicated acceptance of the request for voluntary retirement dated 3.7.2008 which is presently a