P.S. Asopa, J.-This special appeal is directed against the Judgment of the learned Single Judge dated 02.06.2005 whereby the writ petition filed against non-withdrawal of voluntary retirement has been accepted with cost quantified at Rs. 5,000/-with the further direction that the petitioner (respondent) was continuing in service in lieu of interim order passed by the Court, therefore, there would be no necessity to further direct the respondents to take her in service or pay her salary.

2. Briefly stated the relevant facts of the case are that the respondent-petitioner filed an application for conditional resignation/voluntary retirement on 210.2004 as she was superceded with the request to accept the resignation w.e.f. 310.2004 and if the same is not possible then treat the same as three months notice for voluntary retirement. The respondent-petitioner asked the appellant Board to get the earned leave sanctioned or her application for voluntary retirement be accepted and action be taken accordingly. The leave was sanctioned to the respondent-petitioner and she remained on P.L. upto 112.2004. The application of the petitioner for voluntary retirement/resignation was acce