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2021 Supreme(MP) 370

PRAKASH SHRIVASTAVA, RAJEEV KUMAR DUBEY
D. K. Mishra – Appellant
Versus
Hon'ble High Court of M. P. – Respondent


Advocates:
Amit Seth for petitioner; K.N. Fakhruddin for respondents.

ORDER

Shrivastava, J. -- 1. By this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 9.12.2020 whereby the petitioner’s application for voluntary retirement has been accepted. The petitioner is also aggrieved with the order dated 9.12.2020 whereby his application for withdrawal of the application for voluntary retirement has been rejected.

2. The case of the petitioner is that he was working as Dy. Registrar (M) and had submitted the application dated 11.9.2020 under prescribed Form No.28 for voluntary retirement w.e.f. 31.12.2020 under Rule 42 of the M.P. Civil Services (Pension) Rules, 1976 (for short ‘the Pension Rules’). After filing the application, the petitioner realized that he is in need of continuation of his employment, therefore, he had filed the application dated 12.10.2020 requesting for withdrawal of his earlier application dated 11.9.2020 for voluntary retirement and also seeking permission to continue in service up to the age of superannuation. Further case of the petitioner is that till the submission of the application dated 12.10.2020, no decision was taken on the petitioner’s earlier application dated 11

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