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2025 Supreme(Raj) 1608
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Anoop Kumar Dhand, J.
Ramesh Chand Badera S/o Sh. Sita Ram Badera -Petitioner
Versus
The Rajasthan Khadi and Gramodhyog Board and ors. - Respondents
S.B. Civil Writ Petition No. 21152/2012
Decided On : 25-03-2025
Advocate Appeared:
For the Respondent: Mr. Nitesh Pareek
Once a voluntary retirement application is accepted, the employee cannot withdraw it, as the employment relationship is terminated.
Headnote:
(A) Service Law - Voluntary Retirement Scheme - The petitioner sought to withdraw his application for voluntary retirement (VRS) after it was accepted. The court held that once the VRS is accepted, the employee loses the right to withdraw the application. (Paras 6, 8, 11)
(B) Withdrawal of Resignation - An employee can withdraw a resignation or VRS application only before acceptance; post-acceptance, the relationship of employer-employee is terminated. (Paras 7, 10)
Facts of the case:
The petitioner applied for VRS on 21.10.2011, withdrew it on 27.10.2011, but it was accepted on 03.11.2011. The withdrawal was submitted after acceptance and was not considered.
Findings of Court:
The court found no merit in the petition as the acceptance of VRS terminated the employment relationship.
Issues: The main issue was whether the petitioner could withdraw his VRS application after acceptance.
Ratio Decidendi: The court ruled that once the VRS is accepted, the employee cannot retract the application, affirming the principle that withdrawal is only permissible before acceptance.
Result: Writ petition dismissed.
ORDER :
Anoop Kumar Dhand, J.
1. By way of filing the instant writ petition, a prayer has been made for issuing directions to the respondents to cancel the application seeking voluntary retirement from service (for short ‘VRS’) of the petitioner.
2. The contents of the writ petition indicate that the petitioner submitted an application before the respondents, seeking VRS on 21.10.2011 and subsequently, he submitted another application on 27.10.2011 seeking withdrawal of the said application for VRS. It is the case of the petitioner that prior to the acceptance of his application for VRS, the withdrawal application was submitted but the same was not considered.
3. Per contra, learned counsel for the respondents opposed the prayer and submitted that the application dated 21.10.2011 seeking VRS was accepted on 03.11.2011 with effect from 08.12.2011. Counsel submits that after accepting the VRS of the petitioner, the reminder application for withdrawal of the same was filed by him on 22.11.2011 which could not be considered, after passing of the order dated 03.11.2011. Counsel submits that under these circumstances, the petitioner is not entitled to get any relief.
4. Learned counsel for the respondents submits that looking to the fact that the application for VRS of the petitioner was accepted by the respondents on 03.11.2011 and the application seeking cancellation of the prayer for granting VRS was submitted by the petitioner on 22.11.2011 i.e. after acceptance of the VRS, the instant petition is liable to be dismissed.
5. Heard and considered the submissions made at Bar and perused the material available on the record.
6. Employee can withdraw their application for VRS before it is formally accepted by the employer. Once the acceptance is communicated, the employee looses his right to withdraw the same and after acceptance of the application for VRS, the employee cannot later retract himself from its effect.
7. The Constitutional Bench of the Hon’ble Apex Court in the case of Union of India Vs. Gopal Chandra Mishra reported in 1978(2) SCC 301, has held that a prospective resignation can be withdrawn at any time before it comes into effect when it operates to terminate the employment of office tenure of the register.
8. It is fairly settled in view of authoritative pronouncements of Hon’ble the Supreme Court in the case of Vice Chairman and Managing Director APSIDC Ltd. And ors. Vs. R Varaprasad reported in (2003) 11 SCC572; Jai Ram Vs. Union of India reported in AIR 1954 SC 584; and Rajkumar Vs. Union of India reported in AIR 1969 SC 180 that application for voluntary retirement, once accepted in terms of the Rules/scheme, cannot be withdrawn lateron. A person cannot approbate and reprobate at the same time.
9. It has been observed by Hon’ble the Apex Court in Jai Ram(supra) as under:
“It may be conceded that it is open to a servant, who has expressed a desire to retire from service and applied to his superior officer to give him the requisite permission, to change his mind subsequently and ask for cancellation of the permission thus obtained; but, he can be allowed to do so as long as he continues in service and not after it has terminated.”
10. Also in Raj Kumar (supra), the Hon’ble Supreme Court unequivocally held as under:
“Where a public servant has invited by his letter of resignation determination of his employment, his services normally stand terminated from the date on which the letter of resignation is accepted by the appropriate authority and in the absence of any law or rule governing the conditions of his service to the contrary, it will not be open to the public servant to withdraw his resignation after it is accepted by the appropriate authority. Till the resignation is accepted by the appropriate authority in consonance with the rules governing the acceptance, the public servant concerned has locus poenitentiae but not thereafter.”
11. In the instant case, the application dated 21.10.2011 seeking VRS was accepted on 03.11.20
