RAJENDRA M. SAREEN
Niranjana R. Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following main relief :
2. FACTS OF THE CASE OF THE PETITIONER:
2.1. The petitioner was appointed as Tracer in the office of the Executive Engineer, Drainage Division, Surat w.e.f. 02/01/1978 and again she was appointed at Technical Assistant in the same
Ms. J.K. Cotton Spg. & Wvg. Mills Company Ltd., Kanpur Vs. State of U.P. and others
Babubhai C. Zaveri Vs. District Health Officer Jilla Panchayat, Surat
Yogesh Shivabhai Patel Vs. State of Gujarat & Ors.
Surya Kant Chimanlal Patel Vs. State of Gujarat
Mansukh A. Doshi Vs. State of Gujarat
Prithvirajsingh Vs. State of Gujarat and Anr.
An employee's application for voluntary retirement is effective if not refused, and resignation cannot be accepted retroactively without following proper procedures.
An employee has the right to withdraw the proposal for voluntary retirement before the jural relationship of employee and employer comes to an end.
An employee's request for voluntary retirement can be withdrawn before it takes effect, and the intention behind the request must be considered in determining its nature.
An employee cannot withdraw his resignation after it has been accepted by the employer.
The main legal point established in the judgment is that the respondent No.4 is entitled to pension benefits as her application for voluntary retirement ought to have been accepted in the year 2003 i....
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