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HIGH COURT OF DELHI
HON'BLE THE CHIEF JUSTICE, CJ, HON'BLE MR. JUSTICE TUSHAR RAO GEDELA, J
SANJAY KAUSHIK – Appellant
Versus
UNION OF INDIA & ANR – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
1. The petitioner has filed the present writ petition for setting aside the impugned order dated 04.10.2019 passed by the learned Central Administrative Tribunal (for short CAT) dismissing the O.A. No. 2947/2019 filed by the petitioner against the order dated 31.07.2019 passed by Respondent no.1, whereby the petitioner’s request for withdrawal of voluntary retirement was rejected. Petitioner also seeks direction to the Respondents to accept the Petitioner's request for withdrawal of voluntary retirement and to reinstate the Petitioner.
2. As per the case of the petitioner, the petitioner had joined as an Assistant in Delhi Administration on 21.07.1980. In the month of June, 2011, the petitioner was promoted to the Entry Grade of DANICS and was transferred to Andaman & Nicobar Islands by the Ministry of Home Affairs (hereinafter referred to as “MHA”) and was relieved in February, 2012. Petitioner claims that due to serious medical condition of his mother, the petitioner remained on leave in Delhi between 16.10.2012 and 03.12.2012. Petitioner also claims that while at Port Blair, he was informed about an immediate and emergent surgery of his mother at De
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....
The discretion to accept or reject voluntary retirement applications must be exercised judiciously, considering the employee's circumstances and not arbitrarily.
Point of Law : Rule 48-A of CCS (Pension) Rules is extracted retirement on completion of 20 years' qualifying service.
A government servant has an absolute right to voluntarily retire after completing 30 years of service under Rule 48 of the CCS (Pension) Rules, 1972, provided they are not under suspension, and the e....
A government servant must complete 20 years of qualifying service under Rule 48-A of the Pension Rules to be eligible for voluntary retirement, with unauthorized leaves excluded from service calculat....
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.
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