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High Court of Punjab and HaryanaLPA/501/2019dismissed

Dharamvir Singh v. State Of Haryana And Another

2019-03-06Mr. Justice Krishna Murari,Mr. Justice Arun Palli2 pages



            Date of Decision: 06.03.2019 Dharamvir Singh .....Appellant versus State of Haryana and another .....Respondents      !

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Mr. RS Kundu, Advocate, for the appellant.

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 $ %&'  CM No. 1178,LPA,2019 Heard. For the reasons mentioned in the application, delay of 46 days in filing the appeal is condoned. Application stands disposed of.    This intra,court appeal under Clause X of the Letters Patent is directed against the judgment and order dated 30.11.2018 passed by the learned Single Judge dismissing the writ petition filed by the appellant. 2.

The appellant invoked the extra ordinary writ jurisdiction of this Court conferred by Article 226 of the Constitution of India seeking a direction to the respondents to take him back in service on the post of Senior Account Officer after permitting him to withdraw the voluntary retirement notice dated 10.01.2017 and to permit him to continue upto the age of 60 years.

RAVINDER SHARMA 2019.03.28 11:28 I attest to the accuracy and integrity of this document

      () 3.

Admittedly, the appellant,petitioner gave a notice dated 10.01.2017 seeking voluntary retirement. His request was accepted vide order dated 20.04.2017. After about almost a year the same was challenged by filing the writ petition. Learned Single Judge dismissed the writ petition on the ground that once the voluntary retirement sought by him has been accepted after expiry of the notice period, no vested right stood in the appellant,petitioner to revoke the same. We are also of the considered opinion that once the notice period has expired and voluntary retirement sought by the appellant,petitioner was accepted, the same is not liable to be revoked and thus there is no infirmity in the view taken by the learned Single Judge which may require interference.

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The appeal is devoid of merits and accordingly stands dismissed.

   

                   

 !"#   Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER SHARMA 2019.03.28 11:28 I attest to the accuracy and integrity of this document