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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Union of India – Appellant
Versus
Partha Bhadra – Respondent
JUDGMENT :
SUPRATIM BHATTACHARYA, J.
1. The present writ petition has been preferred by the Union of India assailing the judgment passed by the Central Administrative Tribunal, Kolkata Bench, Kolkata (for short the Tribunal) in OA No. 814 of 2023 dated 20.12.2024.
2. Factual matrix of the case:
The respondent herein being an Accounts Officer in the office of the Directorate of Accounts (Postal), Ranchi was the applicant before the Tribunal. The respondent /applicant had preferred the Original Application seeking the following reliefs:
“a) Office Order dated 28.02.2022 issued by the respondents and acceptance of the notice of the applicant for voluntary retirement by the respondent No. 2 under Rule 48(1)(a) of CCS (Pension) Rules are not tenable in the eye of law and as such the same may be quashed.
b) Office Orders dated 10.10.2022 and 21.12.2022 issued by the respondents are not tenable in the eye of law and as such the same may be quashed.
c) An Order do issue directing the respondents for consideration of the approaches of the applicant dated 23.02.2022 15.08.2022, 31.08.2022 and 07.12.2022 and thereby allowing his approach for withdrawal of his prayer for voluntary retirement and ther
An employee may withdraw a VRS application only until it is accepted; once accepted, the request is final, barring any claims for reinstatement thereafter.
The discretion to accept or reject voluntary retirement applications must be exercised judiciously, considering the employee's circumstances and not arbitrarily.
An employee cannot withdraw a request for voluntary retirement once it has been accepted and becomes effective, as per the Pension Rules.
Point of Law : Rule 48-A of CCS (Pension) Rules is extracted retirement on completion of 20 years' qualifying service.
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 main legal point established in the judgment is that the jural relationship of employer-employee does not come to an end unless the employee is relieved from duty after acceptance of voluntary re....
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....
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