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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Desh Raj Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present writ petition, petitioner is seeking a direction to the respondents to issue discharge certificate of petitioner on voluntary retirement on completion of more than 20 years services after tendering application for voluntary retirement dated 05.10.2010 and notice period had expired without conveying of acceptance or denial of it in terms of Rule 48-A (1) & (2) of Central Civil Service (Pension) Rules, 1972.
2. Learned CGSC for respondents has produced an Office Order dated 23.08.2016, issued after filing of the present petition, whereby relief(s) sought by the petitioner have been satisfied. The aforesaid Office Order is reproduced as under:
"Office of the Commandant 110 Bn CRPF C/o 56 APO
No.P.III-1/16-110-EC-1
Dated, the 23 August' 2016.
OFFICE ORDER
1. In accordance with the provision contained in Rule 43(d) of CRPF Rules 1955 read with Rule 48 (a) for CCS (Pension) Rule 1972, the notice dated 08/08/2016 tendered by No.880912826 ASI/GD DESHRAJ SINGH of this unit seeking voluntary retirement form service is hereby accepted w.e.f. 31/10/2016 (AN). Accordingly, he will proceed on Voluntary Retirement w.e.f. 31/10/2016 (AN) and will stand struck off f
The court's decision was based on the satisfaction of the relief sought by the petitioner through an office order issued by the respondents, in accordance with the relevant rules.
The main legal point established is the requirement to consider the voluntary retirement application and communicate the decision before issuing transfer orders.
The application for voluntary retirement should be considered by the new unit after the petitioner's transfer.
The right to voluntarily retire under Rule 56(k) is deemed accepted if no communication is made to withhold permission before the notice period expires.
The competent authority's requirement for a retirement application at a new posting is valid, and voluntary retirement can only be denied if service interests demand it.
Point of law: if the application for voluntary retirement would have been accepted by the appointing authority on the subsequent representation moved by the petitioner, he would have retired from ser....
The main legal point established in the judgment is that the resignation of a member of the CRPF should not be accepted hastily, disregarding the mandatory notice period, and the appointing authority....
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