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SANJEEV PRAKASH SHARMA
Hareramacharya, son of Late Ramchandra Sharma – Appellant
Versus
The Union of India through Secretary, Ministry of Human Resources Development, New Delhi – Respondent
JUDGMENT :
1. Heard the parties.
2. The brief facts which require to be noticed for adjudication of this case are that the petitioner was appointed as a Principal of Sriswami Parankushacharya Adarsh Sanskrit Mahavidyalaya (hereinafter referred to as the ‘Sanskrit College’ on 22nd February, 1990 and presently has been working on the said post. The college receives financial assistance under the scheme for institutions recognized as Adarsh Sanskrit Mahavidyalaya with the Central Sanskrit University is the nodal agency working for the Ministry of Education, Government of India, which provides funds to it.
3. As per Clause 61 of the Revised Adarsh Scheme, 2012, an employee may, by giving notice of one month, in writing resign from the services of the institution. However, the appointing authority may, at its discretion, waive the condition of one month’s notice.
4. The petitioner submitted an application online vide letter dated 12.11.2021 to the Vice Chancellor of Central Sanskrit University seeking voluntary retirement from the post of Principal. The Vice Chancellor vide his letter no.633 dated 12.11.2021, sent a communication online to the Chairperson of the Managing Committee giving hi
An employee's request for voluntary retirement can be withdrawn before it takes effect, and the intention behind the request must be considered in determining its nature.
An employee cannot withdraw his resignation after it has been accepted by the employer.
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 central legal point established in the judgment is that the age of superannuation for Principals and the requirement of a Ph.D. degree for continuation beyond the age of 62, as mandated by the UG....
Voluntary retirement requires explicit acceptance from the appointing authority and cannot be deemed effective solely based on a lack of response.
Point of Law : Rule 48-A of CCS (Pension) Rules is extracted retirement on completion of 20 years' qualifying service.
An employee has the right to withdraw the proposal for voluntary retirement before the jural relationship of employee and employer comes to an end.
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