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2008 Supreme(SC) 2055

A.K.MATHUR, P.SATHASIVAM
Director General, E. S. I. C. – Appellant
Versus
Puroshottam Malani – Respondent


ORDER :

1. Leave granted.

2. This appeal is directed against the judgment and order dated 29.08.2006 of the High Court of Madhya Pradesh, Bench at Indore in Writ Petition(s) No. 1028 of 2004 whereby the Division Bench of the High Court has dismissed the writ petition filed by the appellant herein and affirmed the order dated 13.01.2004 passed by the Central Administrative Tribunal, Jabalpur, Circuit Bench, Indore in O.A. No. 1002/2000.

3. Brief facts which are necessary for the disposal of the present appeal are that the respondent herein was working in the appellant organisation as Manager. Since he wanted to go on voluntary retirement, he tendered a three months' notice dated 31.12.1999 for voluntary retirement to retire him with effect from 31.3.2000. The said notice of the respondent for relieving him on voluntary retirement was accepted by the appellant corporation on 10.2.2000. However, on 22.3.2000, i.e., 10 days prior to the date of relieving him, the respondent sought to withdraw his notice of voluntary retirement whereby the respondent had sought voluntary retirement with effect from 31.3.2000. The request for withdrawal of the notice for voluntary retirement was rejected by

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