W.P. No.15980.11
Writ Petition No. 15980 of 2011
28/09/2011
Ms. Malti Dadariya, learned counsel for the
petitioner.
Heard.
Challenge put forth in this petition is to an
order passed by the Central Administrative
Tribunal, Jabalpur Bench, Jabalpur, on 12-05-2011
in Original Application No. 692 of 2009; whereby
the relief sought by the petitioner seeking
quashment of the order dated 18-06-2006 whereby
rejoining of the duty was declined on the ground of
acceptance of his application for voluntary
retirement, has been declined.
The petitioner while in service in the Postal
Service Department, Government of India,
preferred an application/notice under Rule 48-A of
the Central Civil Services (Pension) Rules, 1972
seeking voluntary retirement with effect from
15-03- 2008 vide his application dated 01-01- 2008.
The petitioner on the basis of notice tendered by
him was relieved from duty as Postal Assistant,
Rewa Head Office, M. P. Circle, with effect from
15-03- 2008. Subsequent thereafter on 29-03- 2008
the petitioner submitted a representation dated
29-03- 2008 addressed to the Chief Post Master
W.P. No.15980.11
General, M. P. Circle, seeking withdrawal of the
voluntary retirement on the ground that before
acceptance of his application for voluntary
retirement, he vide his application dated
18-02- 2008 withdrew the same. The representation
filed by the petitioner did not reap any result
leading the petitioner to file Original Application
No. 692 of 2009 before the Central Administrative
Tribunal, Jabalpur Bench, Jabalpur, under section
19 of the Administrative Tribunals Act, 1985.
Before Tribunal the case put forth by the
petitioner was that though he tendered his
resignation on 01- 01-2008 but vide his application
dated 18-02-2008 he withdrew the same. It was
urged that the said application was routed through
proper channel i.e. it was submitted to the
Superintendent, Post Office, Rewa, who vide postal
article Parcel No. 4901 forwarded the same to the
Head Office. It was contended that ignoring the
aforesaid fact the petitioner was made to retire
with effect from 15-03- 2008.
The respondents on being noticedcontradicted the story put forth by the petitioner.
It was contended that the petitioner did not tender
any application seeking withdrawal of his
application dated 01-01- 2008. It was contended
W.P. No.15980.11
that the Parcel wherein it was stated that the said
application was forwarded to the Head Office
contained only National Saving Certificate,
particulars of a person and did not include the
letter dated 18-02-2008.
The Tribunal on the basis of rival contentions
and on the basis of material documents brought on
record observed that the petitioner failed to prove
the fact that he ever tendered an application dated
18-02- 2008 said to be an application for
withdrawal of voluntary retirement application.
The Tribunal observed that there is no
corroborative evidence as would help the Tribunal
to come to a conclusion that the document i.e.
application dated 18-02- 2008 said to have been
sent through Parcel No. 4901 actually existed. The
Tribunal further discarded the version put forth by
the retired Superintendent of Post Office on the
ground that while in service he did not persuade
the claim that he had tendered the document dated
18-02- 2008 along with Parcel No. 4901. The
Tribunal on the basis of said observation which in
turn was based on material documents on record
and the rival pleadings declined to accept the plea
of the petitioner that he is being wrongfully retired
from service. The petitioner is before us against
W.P. No.15980.11
the said order.
We heard the learned counsel for the
petitioner at length.
No additional material either is brought on
record as would demolish the finding recorded by
the Tribunal on the basis of the material and
pleadings before it. In absence of any material
document we are constrained to affirm the finding
recoded by the Tribunal as we perceive no
perversity. Onus to prove the facts is on the person
who wants to take benefit from such facts. In the
case at hand the petitioner, who had tendered
voluntary resignation on 01-01-2008 which was to
come into force with effect from 15- 03-2008,
though submits that he withdrew the resignation
by filing an application on 18-02-2008 had no other
documents or material except a report by an
Inspector dated 31- 03-2009 to bring home the
submission that the application dated 18-02-2008
was duly forwarded. The report which is brought
on record as part of Annexure-A/8, however, when
minutely observed does not substantiate the
submissions put forth on behalf of the petitioner.
The report only reflects the statement of the then
Sub Post Master, Bansagar Colony, Rewa, who
stated that the letter was sent along with
W.P. No.15980.11
registered Parcel No. 4901 whereas on a further
enquiry it is found that the said parcel contained
N.S.C. particular of a person and not the letter
dated 18-02-2008. No further material has been
brought on record to corroborate the contentions
of the petitioner of submitting the letter dated
18-02- 2008.
In view whereof the petition fails and is
hereby dismissed.
(SANJAY YADAV) (T.K.KAUSHAL)
JUDGE JUDGE
SC