Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
C.Hari Shankar, Om Prakash Shukla
Kande Mahender – Appellant
Versus
Union Of India – Respondent
| 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 tha
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....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
