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2005 Supreme(Raj) 2254
High Court Of Rajasthan
Judgename : Y.R. Meena,P.S. Asopa
Board of Secondary Education, Ajmer - Appellant
Versus
Sharda Pareek - Respondent
D.B. Civil Special Appeal (Writ) No. 614 of 2005
Decided On : 09/27/2005
Mr. M.K. Shah with Mr. Prahlad Singh, for the Appellant.
Mr. Sanjeev Prakash Sharma, for the Respondent.
The finality of the option once exercised under the terms of a voluntary retirement scheme and the inapplicability of general provisions for withdrawal to such schemes.
Headnote:
resignation - voluntary retirement - 22(20) - [22(20)] - The court discussed the relevant provisions of Regulation 22(20) which allows for voluntary retirement on completion of 20 years of service, and the provision for withdrawal of voluntary retirement before the expiry of the notice period. The court also referred to previous judgments and their interpretations in similar cases, emphasizing the finality of the option once exercised under the terms of the scheme and the inapplicability of general provisions for withdrawal to such schemes.
Fact of the Case:
The respondent filed for conditional resignation/voluntary retirement, which was accepted with an effective future date. She later sought to withdraw the resignation before the effective future date, citing adverse action by the employer. The court considered the intentions of the parties and relevant legal positions, ultimately quashing the acceptance of voluntary retirement.
Finding of the Court:
The court found that the withdrawal application was rightly accepted by the learned Single Judge due to the inaction of the employer being arbitrary, upholding the judgment subject to a modification in the cost.
Issues: The main issue was whether a resignation/voluntary retirement accepted from an effective future date could be withdrawn before the said effective future date, especially in the case of a conditional resignation or in protest of adverse action by the employer.
Ratio Decidendi: The court emphasized the finality of the option once exercised under the terms of the scheme and the inapplicability of general provisions for withdrawal to such schemes, ultimately leading to the acceptance of the withdrawal application.
Final Decision: The judgment of the learned Single Judge was upheld, with a modification in the cost, and the special appeal was dismissed on merits.
P.S. Asopa, J.-This special appeal is directed against the Judgment of the learned Single Judge dated 02.06.2005 whereby the writ petition filed against non-withdrawal of voluntary retirement has been accepted with cost quantified at Rs. 5,000/-with the further direction that the petitioner (respondent) was continuing in service in lieu of interim order passed by the Court, therefore, there would be no necessity to further direct the respondents to take her in service or pay her salary.
2. Briefly stated the relevant facts of the case are that the respondent-petitioner filed an application for conditional resignation/voluntary retirement on 210.2004 as she was superceded with the request to accept the resignation w.e.f. 310.2004 and if the same is not possible then treat the same as three months notice for voluntary retirement. The respondent-petitioner asked the appellant Board to get the earned leave sanctioned or her application for voluntary retirement be accepted and action be taken accordingly. The leave was sanctioned to the respondent-petitioner and she remained on P.L. upto 112.2004. The application of the petitioner for voluntary retirement/resignation was accepted on 15.01.2005 w.e.f. 20.01.2003. On 17.01.2005, the respondent-petitioner addressed a letter to the appellant stating that the letter of resignation is to be withdrawn. Similar request was made on 19.01.2005 for withdrawal of resignation/voluntary retirement. On 27.01.2005, it was informed to the respondent-petitioner that no further action was to be taken on her letters dated 17.01.2005, 19.01.2005 and 23.01.2005.
3. The short question involved in the matter is that “whether her resignation/voluntary retirement accepted from effective future date, could it be withdrawn before the said effective future date and that too in case when the resignation/voluntary retirement is conditional one or in protest of any adverse action of the employer”. The facts are not disputed, but still in order to appreciate the controversy in the better way, acceptance of the same on 15.01.2005 and 19.01.2005 are reproduced hereunder:-
ek/;fed f k{kk cksM]Z jktLFkku] vtesj %& dk;kZy; vknsk %& Øekad % la
LFkk@2005@09 fnukad % 15-01-2005
Jherh kkjnk ikjhd] lgk;d funsZkd }kjk izLrqr R;kx&i= fnukad 21-10-2004 ij xgurk ls fopkj dj ekuuh; v/;{k us buds R;kx&i= dh 03 ekg dh vof/k fnukad & 20-01-2005 dks iw.kZ gksus dh frfFk ls Lohdkj dj fy;k gSA
u ipkr~ muds }kjk izLrqr vr% Jherh ikjhd dks fnukad 20-01-2005 dh e/;kg~r R;kx&i= dks okfuo` Lohdkj djrs gq, lsÙk fd;k tkrk gSA
sd/-
lfpo izfrfyfi lwpukFkZ ,oa vko;d dk;Zokgh gsrq %& 01- leLr vf /kdkjh 02- leLr vuqHkkx vf /kdkjh 03- lEcfU/kr vf /kdkjh 04- jf{kr i=koyh
sd/-
milfpo
By Fax/By Hand/By Registered AD To,
Secretary,
Board of Secondary Education,
Rajasthan, Ajmer.
Chairman
Board of Secondary Education,
Rajasthan, Ajmer.
Ref :-Office order Sanstha./2005/09 dated 15.01.2005, received on 17.01.2005 Sir,
On receipt of your abovecited office order, I immediately intimated to your goodself on 17.01.2005 itself that I have withdrawn my voluntary retirement letter dated 210.2004 within duration of notice period. Still I have not been intimated anything about my retirement withdrawal letter. I again inform you vide this fax/registered letter/by personal delivery letter that my letter dated 210.2004 be treated as withdrawn and cancelled.
Yours sincerely,
Sd/-
(Mrs. Sharda Pareek)
Assistant Director Dated: 19.01.2005 Board of Secondary Education, Ajmer
4. Learned Single Judge after considering contents of letters, intentions of parties, the proceedings on the aforesaid letters as well as legal position on the issue followed the Judgment s in Balram Gupta vs. Union of India & Anr., AIR 1987 SC 2354), J.N. Srivastava vs. Union of India AIR 1999 SC 1571 and Shambhu Murari Sinha vs. Project & Development India & Anr., 2000 (5) SCC 621. Further on the issue of conditional resignation/voluntary retirement, learned Single Jud
