Back
J. K. MAHESHWARI, VIJAY BISHNOI
UCO Bank – Appellant
Versus
S. K. Shrivastava – Respondent
| Table of Content |
|---|
| 1. overview of the appeals and factual matrix. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments presented by the parties. (Para 10 , 11 , 12 , 13 , 14) |
| 3. court's analysis regarding the interpretation of relevant regulations. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43) |
| 4. concurrence on the correctness of the high court's decision. (Para 44) |
| 5. final conclusion of the court regarding the matter. (Para 45 , 46) |
JUDGMENT :
J.K. MAHESHWARI, J.
1. The Civil Appeal No. 375 of 2020 is arising out of the judgment dated 07.01.2019 in Writ Appeal No. 824 of 2018 by the High Court of Chhattisgarh, Bilaspur (hereinafter ‘High Court’) preferred against the judgment dated 28.09.2018 in WP (S) No. 1620 of 2012, wherein the direction for grant of terminal benefits to Respondent No. 1 was issued. Learned Single Judge was of the view that after completion of the notice period of three months as specified in the notice for voluntary retirement or from the date of stopping to attend the service, the Respondent be treated retired voluntarily. Since he stood retired prior to institution o
Voluntary retirement becomes effective if not refused by the authority within the notice period; subsequent disciplinary proceedings against a retiree are invalid.
(1) Application for voluntary retirement cannot be rejected de hors statutory regulations.(2) after voluntary retirement, there shall not be an employer-employee relationship and subsequent proceedin....
Point of law: if the application for voluntary retirement would have been accepted by the appointing authority on the subsequent representation moved by the petitioner, he would have retired from ser....
The discretion to seek voluntary retirement lies with the government servant, and the request for voluntary retirement does not require acceptance by the employer. The court emphasized the deemed acc....
Failure to communicate refusal of voluntary retirement application within three months results in deemed acceptance, upholding the Tribunal's award for retirement benefits.
The main legal point established in the judgment is that the initiation of disciplinary proceedings after an employee's retirement is subject to the provisions of the relevant pension and service reg....
A government servant has an absolute right to voluntarily retire after completing 30 years of service under Rule 48 of the CCS (Pension) Rules, 1972, provided they are not under suspension, and the e....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
