"12. N ow so far as the submission on behalf of the employer that t h e acce p tance or non-acceptance of the voluntary retirement applicati o n is re q uired to be taken before the ex p iry of the period specified in t h e notic e , i.e., in the present case thre e months and the same was tak e n on t h e last date of the three months' period and date of receipt of t h e decision/communication is not mate r ial, it is true that in the prese n t case the decision was taken before t he expiry of the period specifi e d in th e notice, i.e., on or before thr e e months (last day of the thi r d mont h ), however, as observed he r einabove, the rejection of t h e appl i cation for voluntary retiremen t itself is found to be illegal a n d bad in law. Therefore, the afores a id shall not affect the ultima t e conc l usion reached by the Divisio n Bench of the High Court. A s obse r ved hereinabove, communicati o n dated 20.04.2004 rejecting t h e volu n tary retirement application w a s bad in law and contrary t o Regulation 29. Therefore, the emplo y ee shall be entitled to all retir a l bene f its on the basis of his voluntar y retirement. Once, it is held th a t he is voluntary retired as per his a p plication dated 21.01.2004 a n d the r e jection of the application of v o luntary retirement is held to b e bad in law, all other subsequent proceedings of departmental enquiry will be null and void and shall be non est , as after t h e volu n tary retirement, there shall not be an employer-employee relationship ."
