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RAJANI DUBEY
Dileshwar Prasad Bhatpahare (Died), Through Legal Heirs : Smt. Ratna Devi, (wife of Late Dr. Dileshwar Prasad Bhatpahare) – Appellant
Versus
State of Chhattisgarh, Through Secretary, Health And Family Welfare Department – Respondent
ORDER :
1. The instant petition has been preferred by the petitioner against the order dated 31.01.2014 (Annexure P/1) whereby the application of the petitioner for voluntarily retirement was allowed with effect from 20.08.2013.
2. Brief facts of the case as projected by the petitioner, are that the petitioner was temporarily posted as State Programme Officer (Leprosy) in the office of Directorate Health Services, Raipur vide order dated 19.11.2010. Accordingly, the petitioner rendered his service with utmost sincerity and honesty as State Programme Officer. The copy of the order dated 19.11.2010 is filed as Annexure P/3. As the petitioner suffered from cardiac disease, he made an application for medical leave on 08.04.2013. The copy of the medical leave application is filed as Annexure P/4. In the meanwhile, Dr. K.C. Uraon was posted as State Programme Officer (Leprosy) in the place of petitioner vide order dated 09.05.2013. The copy of the order dated 09.05.2013 is filed as Annexure P/5. Thereafter, the petitioner resumed his duty on 20.05.2013. As the petitioner was not provided joining, then he made an application informing that as he resumed his duty on 20.05.2013 accordingly, h
An employee has the right to withdraw the proposal for voluntary retirement before the jural relationship of employee and employer comes to an end.
Voluntary retirement requires explicit acceptance from the appointing authority and cannot be deemed effective solely based on a lack of response.
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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