Neutral Citation No. - 2025:AHC:110881 Court No. - 5 Case :- WRIT - A No. - 9417 of 2025 Petitioner :- Rajendra Kumar Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Santosh Kumar Giri Counsel for Respondent :- A.S.G.I.,Hridaya Narayan Mishra Hon'ble Saurabh Shyam Shamshery,J. Heard Sri Santosh Kumar Giri, learned counsel for petitioner and Sri Prashant Mathur, learned counsel for respondent No.2 and Sri Hridaya Narayan Mishra, learned counsel for respondent No.1 and 3. The petitioner after working substantial period has applied for voluntarily retirement by a communication dated 23.09.2024 and request was repeated by subsequent letters dated 14.10.2024 and 07.01.2025 also. Finally by impugned order dated 08.01.2025, petitioner was granted voluntarily retirement. Now, petitioner has come up before this Court that during interregnum period, not only petitioner was allowed to join the office but was transferred at different office as attachment, therefore, he was deemed in service as well as he was not in a very fit condition where application for VRS was submitted. Learned counsel for respondent submits that the respondents have never communicated to petitioner to withdraw the application for VRS. Learned counsel for respondents submits that once application is submitted for VRS and it is not withdrawn in terms of clause 6 Regulation 33 of CCS Rules, there will be no illegality if application is accepted. The factum of joining would not confirm that petitioner has withdrawn his application for VRS. In the aforesaid circumstances, since, petitioner has not able to show that it was incumbent on respondents to ask petitioner to reconsider his application for VRS as well as that even after first application was submitted on 23.09.2024, since petitioner has repeated his prayer for VRS on 14.10.2024 and again 07.01.2025, therefore, the Court is of opinion that petitioner was determined to seek VRS and it was a conscious decision, therefore, impugned order cannot be considered to be faulty. Learned counsel for petitioner at this stage, submits that even after granting VRS, his dues was not calculated in the correct manner. Learned counsel for respondent submits that retiral benefits in pursuance of voluntarily retirement, if already no determined shall be determined within four weeks from today. The petitioner will be at liberty to place his objection, if he is not satisfied with the manner of calculation of retiral benefits. Accordingly, this writ petition is disposed of with aforesaid observation. Order Date :- 11.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad