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HIGH COURT OF DELHI
NAVIN CHAWLA, SHALINDER KAUR, JJ
SANDEEP GUPTA – Appellant
Versus
UNION OF INDIA AND ORS – Respondent
| Table of Content |
|---|
| 1. petitioner applied for retirement (Para 1 , 2 , 5) |
| 2. counsel for petitioner raised contentions (Para 3 , 4) |
| 3. counsel for respondents submitted (Para 6 , 7 , 9 , 10 , 11) |
| 4. court heard the learned counsels (Para 8) |
| 5. court ruled on voluntary retirement (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 6. writ petition allowed (Para 18 , 19) |
JUDGMENT :
1. The petitioner, a Superintending Engineer (in short, “SE”) (Civil) in the Border Roads Organization (in short, “BRO”) has approached this Court to seek directions to the respondents to consider the petitioner as deemed to have voluntarily retired with effect from 17.04.2024 pursuant to his applications dated 30.12.2023 and 30.03.2024 under Rule 48 of the Central Civil Services (Pension) Rules, 1972 (in short, “CCS Pension Rules”). Although, in the petition the petitioner has taken the ground of voluntary retirement under Rule 56(k) of the Fundamental Rules (in short, “FRs”). Additionally, the petitioner has also sought directions to the respondents for grant of all pensionary benefits.
a) The petitioner was appointed in the General Reserve Engineer Force (in short, “GREF”) in BRO on 04.03.1995 as an Assistant Executive Engineer (in
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.
Point of law: if the application for voluntary retirement would have been accepted by the appointing authority on the subsequent representation moved by the petitioner, he would have retired from ser....
The discretion to accept or reject voluntary retirement applications must be exercised judiciously, considering the employee's circumstances and not arbitrarily.
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....
It is necessary to go into the issue of whether the EOL / deputation period need to be regularized in the facts. The issue of grant of retiring pension on retirement under FR 56(k) is governed by Rul....
The court ruled that a minimum of 15 years of service is not required for an application for voluntary retirement under Rule 56(k); however, 20 years is necessary for pension eligibility.
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 employee cannot withdraw a request for voluntary retirement once it has been accepted and becomes effective, as per the Pension Rules.
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 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....
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