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2023 Supreme(Ker) 516

ALEXANDER THOMAS, C. JAYACHANDRAN
Faziludeen, S/o. Abdul Vahab – Appellant
Versus
Union of India, Represented by the Secretary, Department of Post – Respondent


Advocates Appeared:
For the Petitioner: S. Jathin Das, Sumodh Madhavan Nair, T.A. Prakash, G.S. Sanal Kumar, Arun S.
For the Respondent: Sri. S. Manu-DSGI.

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 3

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