Neutral Citation No. - 2025:AHC:63484 Court No. - 6 Case :- WRIT - A No. - 11010 of 2022 Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Bhushan,Sr. Advocate,Ujjwal Srivastava Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1.Heard Sri Abhishek Bhushan, learned counsel for the petitioner and Sri M.L.Gupta, learned Standing Counsel. 2. In the present case by way of impugned order dated 26.5.2022 on one hand petitioner's application for Voluntary Retirement Scheme was rejected on ground that his initial appointment 26.6.1998 was not legal since he was not qualified, but by not proposing any other action, essentially respondents have allowed the petitioner to join and work despite being not qualified. 3. Impugned order was passed wayback on 26.5.2022 i.e. more than two years ago, however, till date no departmental proceedings has been initiated against the petitioner. Even according to counsel for petitioner he has not rejoined service 4. In the aforesaid circumstances, Court take note of rival submissions and it is of the opinion that grounds mentioned in the impugned order dated 26.5.2022 are not legally sustainable and hereby set-aside and matter is remanded to concerned respondent to accept the application of petitioner for Voluntary Retirement Scheme w.e.f. from the date it was submitted within four weeks from today or during that period, respondents will also have a liberty to take disciplinary action against the petitioner, if so required. 5. With the aforesaid observation and direction, this writ petition is disposed of. Order Date :- 25.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad