Hon’ble Saumitra Dayal Singh, J.—Heard Sri Neeraj Kumar Srivastava, learned counsel for the petitioner and Sri Ganesh Datt Mishra, learned counsel for the respondents.

2. This writ petition has been filed by the petitioner against the order dated 14/20.1.2016 by which the petitioner’s application for grant of voluntary retirement has been rejected. The only reason for rejection given in the impugned order is that the petitioner is working against the sanctioned post and therefore his application for grant of voluntary retirement has been rejected.

3. In this regard, it has been stated, the petitioner was working as a Lab Assistant at Pradeshik Cooperative Dairy Federation Ltd. (hereinafter referred to as the Federation), since 15.2.1986. Under Regulation 28 of the U.P. Cooperative Dairy Federation Employees Service Regulations, 2010, it is provided, the voluntary retirement can be given to the employees of the Federation subject to fulfillment of conditions. For ready reference, Regulation 28 reads as under :

“28. Voluntary retirement can be given under following conditions, with the prior consent of the Registrar.

(a) An employee who has completed 10 years of service or has attained the age of more than 40 years, may on request in writing take voluntary retirement.

(b) The manager of Federation/Union will have the right to reject the voluntary retirement on reasons to be given in writing.

(c) The following retirement benefits shall be availed by the employee taking by voluntary retirement :

(1) The balance amount due in his P.F. Account as per E.P.F. Regulations.

(2) Amount equal to earned leave salary in the account of employee as per rules of Federation/Union.

(3) Amount of gratuity as per Gratuity Act or Gratuity Scheme applicable to employee.

(4) Salary for the duration of notice to one month or three months, as the case may be, as per service conditions applicable on the employee.

(d) Besides, an employee whose application for voluntary retirement has been accepted, shall be entitled for payment of ex-gratia sums equal to pay emoluments (pay and D.A.) of one and half month for each year of service fully completed, or an amount arrived at by multiplying. The monthly pay emoluments of the employee at the time of retirement by the number of months remaining before the normal date of his retirement on completion of superannuation, whichever is less.

For example, if an employee completes 24 years of service and only one year’s service is left for his normal retirement then an ex-gratia payment equal to emoluments of 12 months only shall be paid to him and not emoluments for 36 months.”

4. Admittedly, in pursuance of the aforesaid regulation, Voluntary Retirement Scheme was introduced by the Federation on 24.9.2015. Under clause 1 of that scheme, it was further provided, the voluntary retirement applications received under the scheme would be considered in order of seniority of the employees and that preference would be given to higher seniority of an applicant.

5. Again admittedly, the petitioner applied 22.10.2015 for voluntary retirement, which application has also been annexed with the writ petition.

6. Thereafter, the petitioner felt aggrieved because certain persons who were junior to him were granted voluntary retirement whereas the petitioner was not. He then filed a representation before the General Manager and the Managing Director of the Federation. There is some dispute as to the correct version of the representation thus filed by the petitioner. While the petitioner has annexed one copy of document purporting to be copy of that representation, the respondent by means of counter-affidavit has filed a copy of another document purporting to the representation received by it.

7. In the copy of document filed with the writ petition only prayer appears to be for grant of voluntary retirement. However, according to the document filed with the counter-affidavit, in the first place, the petitioner appears to have a