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2025 Supreme(Del) 454
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, Om Prakash Shukla, JJ.
Kande Mahender - Petitioner
Versus
Union Of India & Ors. - Respondents
W.P.(C) 2320 of 2025, CM APPL. 10980 of 2025
Decided On : 27-08-2025
Important Points
Subject
Employment Law - Service Matters
Act Referred
COAST GUARDS RULES : R.27, R.27(a)
Headnote
(B) Administrative procedure - Valid grounds for withdrawal - The absence of a proscription in Rule 27 for withdrawing a voluntary retirement request before its effective date, accompanied by a material change in circumstances, justified the petitioner’s withdrawal attempt. (Paras 15, 17, 27)
Facts of the case:
The petitioner, after 22 years of service in the Indian Coast Guard, sought voluntary retirement for health reasons. His request was initially accepted, but he later sought withdrawal following heart surgery, which the Commandant rejected.
Findings of Court:
The court held that the rejection of the request to withdraw was not based on a proper judicial reasoning and violated the petitioner’s rights under the applicable rules.
Issues: Whether the petitioner could withdraw his request for voluntary retirement after it was initially accepted, and the interpretation of rules governing voluntary retirement.
Ratio Decidendi: The absence of an explicit prohibition in Rule 27, coupled with prior court rulings establishing that a withdrawal can be granted if justified, led to the conclusion that the petitioner’s request should be honored.
Result: Writ petition allowed; the petitioner permitted to withdraw from voluntary retirement and rejoin service.
For the Petitioner: Mr. Himanshu Gautam, Adv.
For the Respondent: Ms. Theepa Murugesan, Sr. PC with Mr. Yogesh Dubey, Adv.
| Table of Content |
|---|
| 1. petitioner's request for voluntary retirement and its withdrawal. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding the withdrawal of voluntary retirement. (Para 10 , 11 , 12 , 13) |
| 3. court's analysis of applicable rules and precedents. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. decision to quash the rejection of withdrawal request. (Para 27) |
| 5. final order for the petitioner to rejoin service. (Para 28 , 29 , 30) |
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 before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.
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(6) Government servant, who has elected to retire under this rule and has given the necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority:
Provided that the request for withdrawal shall be made not less than fifteen days before the intended date of voluntary retirement.
]of the Central Civil Service (Pension) Rules, 2021, [“CCS (Pension) Rules” hereinafter], due to personal and health reasons with effect from 31 January 2025. The Petitioner’s recommended case was received at the Bureau through Coast Guard Headquarters, Regional Headquarters (North-East), vide communication dated 27 August 2024 recommending its consideration by the Competent Authority.
3. Vide letter dated 9 December 2024 the request of petitioner for voluntary retirement was accepted by the respondents under Rule 27[27. Procedure for discharge/release or retirement on own request. –
(1) A member of the Coast Guard may, in exceptional cases, obtain his discharge, release or retirement from the service on extreme compassionate grounds, i.e. in cases where it is clear that undoubted material hardship will be caused to the member of the Coast Guard or his family members by his retention in the service.
(2) The Central Government or the Additional Director General may, having regard to the circumstances of any case, permit discharge, release or retirement of an officer from the service before attaining the age of retirement. The question of discharge, release or retirement shall be a matter within the discretion of the Central Government or Deputy Director General as the case may be.
(3) The Additional Director General in the Coast Guard Headquarters may discharge, release or retire a member of the Coast Guard other than on officer on compassionate grounds.
(4) Application for discharge, release or retirement on compassionate grounds shall be forwarded by the Commanding Officer through the Regional Commander, to Coast Guard Headquarters for further necessary action.]
