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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.Hari Shankar, Om Prakash Shukla
Kande Mahender – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
[Statutory provisions have been reproduced to the extent relevant.]
1. The petitioner assails order dated 24 January 2025, whereby his request for cancellation of his earlier request for being permitted to voluntarily retire from service was rejected by the competent authority, as communicated by the Commandant (JG), Indian Coast Guard.
Facts
2. The petitioner joined the Indian Coast Guard in the year 2002 and has, to his credit, service of around 22 years. On 12 June 2024 the petitioner applied for voluntary retirement, under Rule 43[43. Retirement on completion of twenty years' qualifying service. –
(1) At any time after a Government servant has completed twenty years' qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service and in the case of such retirement the Government servant shall be entitled to a retiring pension calculated in accordance with rule 44:
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(2) The notice of voluntary retirement given under sub-rule (1) shall require acceptance by the appointing authority: Provided that where the appointing authority does not refuse to grant the permission for retirement
An employee may withdraw a request for voluntary retirement prior to the effective date, provided valid grounds exist and there is no explicit prohibition in the applicable rules.
An employee cannot withdraw a request for voluntary retirement once it has been accepted and becomes effective, as per the Pension Rules.
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....
Point of Law : Rule 48-A of CCS (Pension) Rules is extracted retirement on completion of 20 years' qualifying service.
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 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....
The discretion to accept or reject voluntary retirement applications must be exercised judiciously, considering the employee's circumstances and not arbitrarily.
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