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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANINDRA MOHAN SHRIVASTAVA, MUNNURI LAXMAN
Bhikam Chand S/o Gulab Chand Ji – Appellant
Versus
The State Of Rajasthan – Respondent
JUDGMENT :
1. By this petition, under Article 226 of the Constitution of India, the petitioner seeks to assail constitutional validity of a part of provision contained in Sub-Rule (4), including proviso thereof, of Rule 50 of the Rajasthan Civil Service (Pension Rules), 1996 (hereinafter referred to as ‘the Rules of 1996’).
2. Relevant facts necessary for adjudication of the controversy involved in this petition are that the petitioner, while working on the post of Lab Boy in the Elementary Education department, State of Rajasthan and working in “Rajkiya Maharani Balika Ucch Madhyamik Vidyalaya”, Bikaner, driven by certain circumstances leading to suicide of his son, submitted an application seeking voluntary retirement from service invoking the provisions contained in Rule 50 of the Rules of 1996 in the month of October, 2022. Vide order dated 14.11.2022, the application for voluntary retirement was allowed by stating that voluntary retirement shall take effect from 01.02.2023.
3. After few days thereafter, the petitioner changed his mind and then submitted an application on 07.12.2022 seeking to withdraw the application for voluntary retirement. The application, however, came to be
The provision restricting withdrawal of voluntary retirement applications post-acceptance is arbitrary and violates Article 14, as it denies employees the right to reconsider their decision before th....
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....
Proviso to Rule 43(6) CCS (Pension) Rules 2021 mandating VRS withdrawal 15 days prior to intended date is valid, binding, and constitutional, prioritizing administrative certainty over absolute withd....
The discretion to accept or reject voluntary retirement applications must be exercised judiciously, considering the employee's circumstances and not arbitrarily.
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....
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....
An employee cannot withdraw a request for voluntary retirement once it has been accepted and becomes effective, as per the Pension Rules.
The right to voluntary retirement is substantive and governed by the rules in effect at the time of application, not amendments enacted thereafter.
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