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2023 Supreme(Raj) 222

ANOOP KUMAR DHAND
Narayan Shankar Upadhyaya, S/o. Shri Madan Mohan Upadhyaya – Appellant
Versus
Rajasthan Rajya Vidhyut Prasaran Nigam Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sandeep Singh Shekhawat.
For the Respondent: Mr. Dheeraj Palia, Mr. Akshay Sharma.

ORDER :

1. The issue involved in this petition is that “whether the petitioner can withdraw his resignation after its acceptance?”

2. Facts of the case as per the petitioner, are that the petitioner was appointed as Overseer (Electrical) and he joined the said post on 22.09.1975 as a pre-service trainee. Thereafter he was appointed as Junior Engineer/Overseer and on 29.9.2003 he was promoted to the post of Assistant Engineer (E&M).

3. The petitioner submitted a notice dated 1.8.2008 under Regulation 18(3) of the RSEB Employees Service Regulations, 1964 (for short “Regulations 1964”) seeking voluntary retirement (for short “VRS”) with effect from (for short ”w.e.f.”) 15.11.2008, but the said application was rejected by the respondent vide order dated 5.11.2008, on account of shortage of manpower. After that, again a similar application was submitted for seeking VRS on 10.12.2008 stating therein that his 80 years old father is suffering from Prostate and wife is suffering from Arthritis (pain in joints) and due to his busy schedule of duties, he is not in a position to take care of his family, due to which he remains under depression. But no order was passed on this second application

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