An employee has the right to withdraw the proposal for voluntary retirement before the jural relationship of employee and employer comes to an end.

ORDER :

1. The instant petition has been preferred by the petitioner against the order dated 31.01.2014 (Annexure P/1) whereby the application of the petitioner for voluntarily retirement was allowed with effect from 20.08.2013.

2. Brief facts of the case as projected by the petitioner, are that the petitioner was temporarily posted as State Programme Officer (Leprosy) in the office of Directorate Health Services, Raipur vide order dated 19.11.2010. Accordingly, the petitioner rendered his service with utmost sincerity and honesty as State Programme Officer. The copy of the order dated 19.11.2010 is filed as Annexure P/3. As the petitioner suffered from cardiac disease, he made an application for medical leave on 08.04.2013. The copy of the medical leave application is filed as Annexure P/4. In the meanwhile, Dr. K.C. Uraon was posted as State Programme Officer (Leprosy) in the place of petitioner vide order dated 09.05.2013. The copy of the order dated 09.05.2013 is filed as Annexure P/5. Thereafter, the petitioner resumed his duty on 20.05.2013. As the petitioner was not provided joining, then he made an application informing that as he resumed his duty on 20.05.2013 accordingly, he may be posted to his original place of posting i.e. District Leprosy Officer. The copy of application dated 19.07.2013 is filed as Annexure P/6.

3. On 20.08.2013, due to health and family reasons, the petitioner made an application for voluntary retirement. The voluntary retirement application of the petitioner was not considered and even in the meanwhile, the petitioner himself made an application for withdrawal of his application for voluntary retirement on 21.10.2013 (Annexure P/7). In the above course, the petitioner again made an application for non-consideration of his voluntary retirement application on 24.12.2013 and to provide him joining to his original place of posting i.e. District Leprosy Officer, Bilaspur but no action was taken. The copy of the representation dated 24.12.2013 is filed as Annexure P/8.

4. Even in the meanwhile, one Dr. Netram Beck was appointed as State Programme Officer (Leprosy) on 05.09.2013 and accordingly the post of petitioner was also not vacant. The petitioner made repeated representations for non-consideration of his voluntary retirement application as the State Govt. did not accept the application of the petitioner and also form 29 was not issued to the petitioner in respect to his retiral claims, but no action was taken even after a lapse of about 4 months. The copy of the order dated 05.09.2013 is filed as Annexure P/9. On 28.01.2014, the petitioner again made an application to provide him joining to his original place of posting but no action was taken by the respondent authorities. The copy of the representation dated 28.01.2014 is filed as Annexure P/10. Since, no action was being taken by the respondent authorities, the petitioner was left with no option other than to prefer writ petition before this Court and, therefore, he filed the writ petition having W.P.(S) No. 685/2014 and the said petition was disposed of vide order dated 07.02.2014 (Annexure P/11) with direction that if petitioner files representation, the same shall be decided by the competent authority within a period of six weeks. In compliance of the said order, petitioner submitted the representation in the office of respondent no.4 and also respondents no.1 to 3 through speed post on 10.02.2014. The copy of the representation is filed as Annexure P/12.

5. On 12.02.2014, respondent no.4 communicated the impugned order dated 31.01.2014, which was received by the petitioner on 19.02.2014 whereby it has been stated that the application of the petitioner for voluntary retirement has been allowed. The copy of the order dated 31.01.2014 and copy of letter dated 12.02.2014 are annexed as Annexure P/1 and Annexure P/2 respectively. Before the recommendation made by respondent no.3 for the application of voluntary retirement of the petitioner before