Khare, J. -- 1. This is a Letters Patent appeal against the dismissal of the writ petition challenging the order 6f refusal of approval to withdraw the notice of voluntary retirement.

2. Undisputed facts of the case are that appellant Narayan Prasad Kachhuaha was working as an upper division clerk in the office of the District & Sessions Judge at Hoshangabad. He was transferred from Hoshangabad to Ratlam by the order dated 16.11.94 of the High Court, as it was reported to the High Court by the District & Sessions Judge that the work and conduct of the appellant were not satisfactory. He joined at Ratlam on 9.12.1994. He was on the establishment of the District Judge, Ratlam from 9.12.1994 to 23.8.1995 but worked only for 18 days i.e. from 9.12.1994 to 11.12.1994 and 9.2.1995 to 27.2.1995. A departmental inquiry was initiated against him on 22.2.1995 for his continuous absence from duty. On 23.5.1995 the appellant sent an application (Annexure R. 12) by post to the District Judge, Ratlam seeking voluntary retirement from service from 23.8.1995 as per Rule 42(1)(a) of the M.P. Civil Service Pension Rules, 1976 as he had complated 20 years of qualifying service. This was on p