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2018 Supreme(SC) 837

ARUN MISHRA, S.ABDUL NAZEER
State of Uttar Pradesh – Appellant
Versus
Achal Singh – Respondent


Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The option for government servants to voluntarily retire with three months' notice after reaching 50 years of age or completing 25 years of service is not an absolute right. The decision to accept or reject such a request depends on the public interest and the discretion of the appointing authority (!) (!) (!) .

  2. The relevant rules specify that retirement through voluntary notice requires an express order of approval from the appointing authority; it does not automatically come into effect upon expiry of the notice period unless explicitly accepted (!) (!) (!) .

  3. The rules are statutory and bind both the government and the employee. They are not akin to a contractual agreement where automatic retirement occurs upon notice expiry; rather, the authority must actively approve the retirement (!) (!) (!) .

  4. The language of the rules and their explanations clearly indicate that the decision to retire voluntarily is conditional and based on public interest considerations. The authority can refuse permission for retirement if it is deemed against the public interest, and such refusal must be communicated before the expiry of the notice period (!) (!) (!) .

  5. The right to retire voluntarily is subject to the authority’s discretion, and the retirement does not become effective automatically without approval. The authority’s decision, whether to accept or refuse, is integral to the process (!) (!) (!) .

  6. The rules provide that pension and retirement benefits are payable once the employee has retired in accordance with the rules, but the actual retirement is contingent upon the approval of the appointing authority (!) (!) (!) .

  7. The legal interpretation emphasizes that the relationship of master and servant continues until the authority explicitly grants permission for retirement. The absence of communication of refusal within the notice period does not automatically mean retirement has occurred (!) (!) .

  8. The rules prohibit withdrawal of a voluntary retirement request once made, except with the permission of the appointing authority, and any decision in this regard must be based on the conditions specified in the rules (!) (!) .

  9. The rules also stipulate that in certain circumstances, such as pending disciplinary proceedings or suspension, permission to retire may be withheld, but such withholding must be communicated explicitly and within the notice period (!) .

  10. Overall, the legal framework underscores that voluntary retirement under the rules is a process that requires active approval, and the rights of the employee to retire are not absolute but subject to the public interest and the discretion of the appointing authority (!) (!) (!) .

Please let me know if you need further clarification or assistance with specific legal implications.


JUDGMENT :

Arun Mishra, J.

1. Leave granted.

2. The State of Uttar Pradesh in the appeals is aggrieved by common judgment and order dated 29.11.2017 passed by the Division Bench of the High Court of Allahabad, allowing the writ petitions filed by the respondents herein seeking voluntary retirement from the Government services. Directions were issued to treat the respondents to have retired from Government services with effect from 30.11.2017 and 31.12.2017.

3. The main question for consideration before us is as to whether under Rule 56 of the Uttar Pradesh Fundamental Rules (hereinafter referred to as the “Fundamental Rules”) as amended, an employee has unfettered right to seek voluntary retirement by serving a notice of three months to the State Government or whether the State Government under the Explanation attached to Rule 56 of the Fundamental Rules, is authorised to decline the prayer for voluntary retirement in the public interest under clause (c) of Rule 56 of the Fundamental Rules as applicable to the State of Uttar Pradesh.

4. The respondent Dr. Achal Singh was working as Joint Director in Medical, Health and Family Welfare, Lucknow Region, Lucknow filed an application dated 1






















































































































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