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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, RADHAKISHAN AGRAWAL
M.L. Yadav S/o Late J.P. Yadav – Appellant
Versus
Union of India through the General Manager South East Central Railway, Bilaspur – Respondent
ORDER :
1. Invoking the writ jurisdiction of this Court under Article 226/227 of the Constitution of India, the petitioner herein has filed this writ petition calling in question legality, validity and correctness of the impugned order dated 24-2-2025 passed by the Central Administrative Tribunal, Jabalpur Bench (Circuit Sitting at Bilaspur) in Original Application No.319/2017, by which his original application has been dismissed by the learned CAT holding that his application for withdrawal of voluntary retirement from service has rightly been rejected by the respondents.
2. The aforesaid challenge has been made on the following factual backdrop.
3. The petitioner herein, the then Chief Station Manager at Railway Station Dagori, submitted an application seeking voluntary retirement from service (VRS) for his personal reasons on 17-2-2016 (Annexure P-2) to the competent authority. However, he has clarified his application by memo dated 22-3-2016 (Annexure P-3) that his VRS be considered after two months from the grant of 7th Pay Commission benefits. Thereafter, it is the case of the petitioner that he has submitted an application seeking withdrawal of his VRS request on 12-5-2016 (Ann
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....
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.
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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