ANOOP KUMAR MENDIRATTA, V. KAMESWAR RAO
Kamlesh – Appellant
Versus
Union of India – 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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.