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SURESH KUMAR KAIT, SHALINDER KAUR
Rakesh Kumar Chopra – Appellant
Versus
Bsnl – Respondent
JUDGMENT
Shalinder Kaur, J. - The civil writ petition has been filed under Article 226 read with Article 227 of the Constitution of India by the petitioner seeking to set aside the impugned order dated 27.01.2020 passed by the Learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter as 'Tribunal') whereby the learned Tribunal dismissed the Original Application (hereinafter as 'OA') No. 254/2020 filed by the petitioner along with the batch of OAs filed by the various employees of the BSNL, holding that the request for Voluntary Retirement Scheme (hereinafter as 'VRS') cannot be withdrawn after the last date stipulated under the scheme in light of the judgment titled Madhya Pradesh State Road Transport Corporation v. Manoj Kumar & Anr. [(2016) 9 SCC 375].
Factual Background
2. Petitioner was employed in Bharat Sanchar Nigam Ltd. (hereinafter as 'BSNL'), as a Junior Telecom Officer on February 23, 1991 and got promoted to the post of Assistant General Manager in the office of TDM Kullu, Himachal Pradesh with effect from June 29, 2018. He has been working with BSNL since then and was due to superannuate on March 31, 2028.
3. The respondent no. 1 is the BSNL, which i
Voluntary retirement scheme withdrawals post acceptance cannot be permitted; employees are bound by terms once applications accepted, and acceptance of benefits further confirms the inability to chal....
Voluntary Retirement – Once acceptance takes place, contract stands concluded – Right of a person whose resignation has been accepted is to receive benefit of provident fund amount as one of terminal....
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 his resignation after it has been accepted by the employer.
The main legal point established in the judgment is that the distinction between voluntary retirement and resignation, as well as the forfeiture clause under the Indian Overseas Bank (Employees') Pen....
Resignation and retirement have different legal implications, and the scope of a pension scheme may not extend to resigned employees.
Proviso to Rule 43(6) CCS (Pension) Rules 2021 mandating VRS withdrawal 15 days prior to intended date is valid, binding, and constitutional, prioritizing administrative certainty over absolute withd....
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