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2019 Supreme(P&H) 353

RAJIV SHARMA, HARINDER SINGH SIDHU
Union of India – Appellant
Versus
Central Administrative Tribunal, Chandigarh – Respondent


Advocates:
Advocate Appeared:
R.T.P.S. Tulsi, Adv., Abhay Kumar Sharma, Adv., Lakhinder Bir Singh, Adv., Rajneesh Chadwal, Adv.

JUDGMENT :

HARINDER SINGH SIDHU, J.

1. The Union of India and others have filed the present writ petition impugning the order of the Central Administrative Tribunal, Chandigarh Bench dated 01.09.2017, whereby, TA No.060/00001/2016 has been allowed and the order dated 13.11.2017, whereby, its Review Application has been dismissed.

2. Respondent No.2 was appointed as a Clerk by the Railway Service Commission, Allahabad on 2.6.1964. After completing 20 years of service, he submitted a request dated 7.11.1984 seeking voluntary retirement w.e.f. 28.2.1985 due to family circumstances. His request was accepted vide communication dated 25.1.1985 and he was allowed to retire voluntarily w.e.f. 28.2.1985 on expiry of notice period of three months. Before the effective date of voluntary retirement, respondent No.2 submitted application dated 22.2.1985 to withdraw his earlier request for voluntary retirement. He stated that he had initially applied for voluntary retirement on account of domestic circumstances. Now, his domestic circumstances have changed and he may be permitted to withdraw his aforesaid request. This request was declined vide communication dated 28.2.1985. On receipt thereof resp





















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