JUDGMENT :

NAMIT KUMAR, J.

1. Instant writ petition has been filed under Articles 226/227 of the Constitution of India for setting aside order dated 09.12.2025 (Annexure P-10) as well as the order dated 18.04.2024 (Annexure P-6), passed by respondent No.2, whereby application/representation to allow the petitioner to withdraw the voluntary retirement and to rejoin as per letter/representation dated 14.02.2024 (Annexure P-4), has been rejected.

2. Brief facts of the case, as have been pleaded in the petition, are that the petitioner was working as Multipurpose Health Supervisor (Male) at Primary Health Centre (PHC), Khatkar Kalan under PHC Sujjon, District Shaheed Bhagat Singh Nagar. Due to illness of his mother and certain other pressing family circumstances, petitioner applied for leave, which was not sanctioned. Thereafter, the petitioner submitted an application dated 30.10.2023 (Annexure P-1), seeking voluntary retirement by giving an advance notice of 90 days, as prescribed under the relevant rules. Despite lapse of 38 days, the said application for voluntary retirement of the petitioner was not accepted by the respondents. Subsequently, petitioner submitted another application dated 06.12.2023 (Annexure P-2), requesting that he be relieved within 24 hours. After a period of six days, respondents No.3 and 4 asked the petitioner to deposit a sum of Rs.2,69,472/- in lieu of notice period, which was deposited by the petitioner on 14.12.2023. Thereafter, the voluntary retirement application of the petitioner was accepted by the respondents on 05.01.2024 and the department issued a formal order to this effect on 08.01.2024 (Annexure P-3). Thereafter, the petitioner submitted a representation/application dated 14.02.2024 (Annexure P-4) to respondent No.2, seeking cancellation of notice of the voluntary retirement and continuation in service. As no action was taken by the respondents on application dated 14.02.2024, petitioner filed CWP No.7298 of 2024 – Malkit Ram v. State of Punjab and others, seeking direction to the respondents to allow him to withdraw the voluntary retirement, which was disposed of by this Court, vide order dated 01.04.2024 (Annexure P-5), with a direction to the respondents to decide the representation dated 14.02.2024, within a period of six weeks. In compliance of the directions of this Court, respondent No.2 rejected the prayer of the petitioner to rejoin the department, vide order dated 18.04.2024 (Annexure P-6). Aggrieved thereby, the petitioner again approached this Court by filing CWP No.12081 of 2024 – Malkit Ram v. State of Punjab and others, seeking reconsideration of his request to withdraw the voluntary retirement application and to rejoin the department. The said writ petition was disposed of by this Court, vide order dated 22.07.2025 (Annexure P-7), with a direction to the respondents to reconsider the matter, within a period of six months. In pursuance of the directions of this Court, petitioner submitted a comprehensive representation dated 25.07.2025 (Annexure P-8), requesting reconsideration of his claim to rejoin duty. After affording a personal hearing to the petitioner on 13.10.2025, the respondents rejected his claim to rejoin duty, vide order dated 09.12.2025 (Annexure P-10). Hence, the present writ petition.

3. Learned counsel for the petitioner while placing reliance upon Rule 7.5(4) of the Punjab Civil Services Rules (Volume-I, Part-I), submitted that respondents acted arbitrarily in rejecting the petitioner’s claim for rejoining duty after voluntary retirement. He further contended that an employee has the right to withdraw his notice of voluntary retirement. He further contended that the impugned orders, rejecting the claim of the petitioner for rejoining his duties, have been passed without application of mind and same are against the principles of natural justice. In support of his contentions, learned counsel for the petitioner has placed reliance upon the judgments of the Hon’bl