Basheer, J.

Appellant who is a member of the Kerala General Education Service was sent on deputation in July 2004, as a Block Resource Centre Trainer to impart training to school teachers at Alappuzha. The above training programme was being conducted by the Sarva Shiksha Abhiyan (SSA), a project sponsored by the Central Government. At the time of deputation, appellant was working as High School Assistant (Hindi) in Government High School, Paravoor in Alappuzha district.

2. While continuing on deputation appellant submitted a request to her appointing authority, the Deputy Director of Education, Alappuzha to allow her to retire from service voluntarily, with effect from March 31, 2008. The said request was made by the appellant on February 8, 2008 as could be seen from Ext.P2. But, on April 2, 2008 appellant submitted Ext.P5 application before the Deputy Director requesting him to drop all further proceedings on her application for voluntary retirement and allow her to continue in service.

3. It is on record that appellant continued as Block Resource Centre Trainer in Sarva Shiksha Abhiyan even thereafter. In the meanwhile in September, 2008 and June, 2009 the Deputy Director is seen to have issued notice to the Headmistress of the Government High School, the parent institution where the appellant had been working as High School Assistant prior to her deputation, to take steps to recover the salary and allowance paid to the appellant after March 31, 2008, the date on which the appellant wished to retire from service.

4. Appellant filed the writ petition before the learned Single Judge under Article 226 of the Constitution of India at that stage with a prayer to declare that her continuance in service beyond March, 31, 2008 was lawful and proper and that Ext.P2 application submitted by her seeking voluntary retirement had become infructuous.

5. The learned Single Judge did not allow the primary prayer made in the writ petition. However, the respondents were directed not to recover any amount received by her by way of salary and allowance after March 31, 2008 till January 31, 2010. It was further directed that the respondents shall disburse all her pensionary benefits reckoning her date of retirement as March 31, 2008. The above judgment is under challenge in this appeal to the extent the learned Single Judge has refused to grant the entire reliefs prayed.

6. The questions that arise for consideration in this case may be formulated thus:

Can a request by a Government servant for voluntary retirement be treated as ab initio invalid and inoperative for want of requisite minimum notice period as contemplated in Rule 56(1) of Part III Kerala Service Rules?

Is not the Government justified in rejecting the plea of an employee to allow him to withdraw the request for voluntary retirement if such plea is made after the intended date of retirement?

7. As has been noticed already the appellant submitted Ext.P2 seeking voluntary retirement with effect from March 31, 2008. Admittedly, appellant submitted Ext.P5 application seeking to withdraw her request for voluntary retirement only on April 2, 2008 viz. after the due date of intended retirement.

8. Rule 56 in Part III Kerala Service Rules deals with retiring pension. Relevant clauses of the above rule are extracted hereunder:

"56. A retiring pension is granted to an employee who retires voluntarily after 20 years of qualifying service subject to the following conditions:-

(i) He shall give notice in writing to the appointing authority or the pension sanctioning authority of his intention to retire at least three months before the date on which he wishes to retire:

Provided that the employee may make a request in writing to the appointing authority to accept notice of less than three months giving reasons therefor. On receipt of such request the appointing authority may consider it for the curtailment of the period of notice of three months on merits and if it is satisfied that t