Point of Law : Rule 48-A of CCS (Pension) Rules is extracted retirement on completion of 20 years' qualifying service.

JUDGMENT :

C. Jayachandran, J.

An application for voluntary retirement tendered by an employee is claimed to have been accepted in a lightning speed by the employer, so that withdrawal of the same tendered on the very next day could not be acted upon. The nuances of withdrawing an application for voluntary retirement before acceptance, in the backdrop of the relevant rules is the issue involved in this Original Petition.

2. Under challenge in this original petition is the Order of the Central Administrative Tribunal, Ernakulam Bench dated 25.11.2022 in O.A.No.95/2022, as per which, the Tribunal confirmed Annexure-A6 order, which accepted the applicant's request for voluntary retirement, thus compelling him to retire from service with effect from the date of application.

3. The facts:-

Petitioner/applicant was working as Senior Accountant under the 2nd respondent/Director of Accounts (Postal). While so, he submitted Annexure-A1 application seeking voluntary retirement on medical grounds on 07.10.2021. On the very next day, the applicant submitted a request before the 3rd respondent Deputy Director seeking withdrawal of Annexure-A1 application, which was tendered in person. However, the 3rd respondent did not accept the same. Therefore, on 11.10.2021, the applicant sent Annexure-A2 letter by post to the 2nd respondent to withdraw AnnexureA1 application, which was received by the 2nd respondent on 12.10.2021, as could be seen from Annexures-A3 and A4 postal receipt and acknowledgment card. The applicant also sent Annexure-A5 email to his superior authorities, including respondents 2 and 3, seeking to withdraw Annexure-A1 application for voluntary retirement. However, the applicant was served through mail Annexure-A6(a) order dated 8.10.2021 issued by the 3 rd respondent, intimating that his application for voluntary retirement was accepted with retrospective effect from 8.10.2021. The same order was received through registered post by the applicant on 21.10.2021, produced in the O.A. as Annexure-A6(b). On 22.10.2021, Annexure-A7(a) mail was sent to the applicant, intimating that his request for withdrawal of voluntary retirement cannot be considered. The same communication was received by registered post on 25.10.2021. The applicant preferred the subject O.A. in the aforereferred facts and circumstances, seeking a declaration that rejection of Annexure-A2 request for withdrawal was in violation of Rules 48 and 48-A of the Central Civil Service (Pension) Rules, 1972. He also sought for quashment of Annexure-A6 order and for a direction to reinstate the applicant in service with effect from 8.10.2021, together with all service benefits thereto.

4. The respondents filed a reply/counter statement contending inter alia as follows: The applicant in Annexure-A1 application for voluntary retirement requested to waive the three months notice period for voluntary retirement and that he was accordingly permitted to retire from service with effect from 8.10.2021 under Rule 48 of the CCS (Pension) Rules, 1972. Consequently, his name was also struck off from the staff strength of the office. It was further contended that Annexure-A6 order was not issued with retrospective effect. Annexure-A2 representation was received in the office of the 2nd respondent only on 12.10.2021, whereas Annexure-A6 order was issued on 08.10.2021 itself. The entries in Annexure-R2(a) transit register would belie the applicant's claim that Annexure-A6 order was issued on 18.10.2021. All the addressees in Annexure-A6, except the applicant, received copies of the said order on 08.10.2021 itself. The applicant's claim that he met the 3rd respondent Deputy Director with a request to withdraw Annexure-A1 application is not correct. The applicant had not attended the office ever since he tendered Annexure-A1 application for voluntary retirement. Since the Rule does not permit withdrawal of the request for voluntary retirement after the retirement had taken effect, Annexure-A7 or