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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
KISHORE C. SANT, ABASAHEB D. SHINDE
Mahananda Mahadev Jaybhaye-Munde – Appellant
Versus
State of Maharashtra, Through Its Principal Secretary, Public Health Department – Respondent
| Table of Content |
|---|
| 1. petitioner's employment and resignation context. (Para 5 , 6 , 7) |
| 2. mental disability needs to be recognized. (Para 9) |
| 3. respondent argues against new claims. (Para 11 , 12) |
| 4. precedents on mental disability in employment. (Para 13 , 14 , 15) |
| 5. insufficient evidence of mental disability. (Para 17 , 18 , 21) |
| 6. writ petition dismissed. (Para 22) |
JUDGMENT :
KISHORE C. SANT, J.
1. Heard Mr. Jadhavar, the learned Advocate for the Petitioner, and Mr. Lakhotiya, the learned AGP for Respondent Nos. 1 to 4 -State.
2. Rule. Rule made returnable forthwith. With the consent of the parties, the petition is taken up for final disposal.
3. The petitioner has challenged the Judgment and Order dated 29th January 2025, passed by the learned Member, Maharashtra Administrative Tribunal, (for short “Tribunal”), Mumbai, Bench at Aurangabad, in Original Application No.586 of 2024.
4. The learned Member, Maharashtra Administrative Tribunal, by way of impugned Judgment and Order, was pleased to dismiss the Original Application filed by the petitioner. Respondent Nos. 1 to 4 are the State and its Authorities.
5. The facts in short, giving rise to the present writ petition, are that the petitione
The court affirmed that accepted voluntary resignation cannot be reversed without substantial legal grounds or evidence, particularly concerning mental health claims made after acceptance.
An employee cannot withdraw a request for voluntary retirement once it has been accepted and becomes effective, as per the Pension Rules.
An employee can withdraw a voluntary retirement application before the effective date of retirement, as affirmed by the Court, ensuring that rights under Article 21 are protected; engaging in post-re....
The discretion to accept or reject voluntary retirement applications must be exercised judiciously, considering the employee's circumstances and not arbitrarily.
Voluntary retirement does not terminate employment until relieving order issued; withdrawal permissible beforehand as jural relationship subsists, irrespective of acceptance or inventories deposit.
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