SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Del) 3083

ANOOP KUMAR MENDIRATTA, V. KAMESWAR RAO
Kamlesh – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Ms. Richa Kapoor, Mr. Amresh Bind, Mr.Deepak Singh and Mr. Kunal Anand, Advs. with petitioner in person, for the Petitioner.
Mr.Vineet Dhanda, CGSC with Mr.Shubham Prasad and Ms. Shruti Gupta, Advs., for the Respondent.

JUDGMENT

V. Kameswar Rao, J.

1. The challenge in this petition is to an order dated August 07, 2019 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal', for short) in the Original Application being O.A. 1600/2018 (`OA', for short), whereby the Tribunal has rejected the OA filed by the petitioner by holding the following in paragraph 5 of the impugned order:-

    "5. Having heard learned counsel for the parties and carefully perused the pleadings on record, we find that the applicant has submitted his VRS application on 1.10.2016 and thereafter without waiting for its acceptance proceeded on leave. It is general practice that once an employee has given notice for VRS, he has to wait for its acceptance by the employer and cannot abscond from his duties. If at all, it was his intention to proceed on leave, he could have applied for the leave of the kind due to him. Having failed to do so, he cannot take it for granted that his VRS application was accepted and he is deemed to have been retired voluntarily. Through the impugned annexure A/1 order, the respondents have even disputed his qualifying service so as to enable him to apply for voluntary retirement

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top