The authority has discretion to allow withdrawal of premature retirement requests if made before the actual retirement date, despite rules precluding withdrawal without approval.

JUDGMENT :

Sandeep Sharma, J.

1. Petitioner herein has approached this Court with a prayer to quash notification dated 20.09.2024 vide which application filed by her for premature retirement was accepted and further to quash the notification dated 14.11.2024, whereby representation of the petitioner for withdrawal of application for premature retirement was rejected by the competent authority.

2. Precisely, the facts of the case as emerge from the record are that petitioner applied for premature retirement vide application dated 08.08.2024, which request of her was accepted andaccordingly vide notification dated 20.09.2024, petitioner was ordered to be retired w.e.f. 05.11.2024(AN). However, before petitioner could retire in terms of notification dated 20.09.2024, she made representation to the respondent for withdrawal of notice for premature retirement vide letter dated 14.10.2024. Since aforesaid request made by the petitioner was not considered, she approached this Court in the instant proceedings, praying therein for following reliefs:-

“i) That the impugned notification dated 20.09.2024 (Annexure P-2) and order dated 14.11.2024 (Annexure P-4) may kindly be quashed and set aside.

ii) That respondents may kindly be directed to reinstate the petitioner to the post of Principal (College Cadre).”

3. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by learned counsel for the petitioner, is that since petitioner had represented for withdrawal of notice of premature retirement prior to her actual retirement on 05.11.2024, there was no occasion for the competent authority to reject such application, rather it ought to have accepted the same in terms of Rule 43(6) of CCS (Pension) Rules, 2021.

4. To the contrary, Mr. Rajan Kahol, learned Additional Advocate General states that though vide notification dated 20.09.2024 petitioner was ordered to be retired w.e.f. 05.11.2024 (AN), but since her request for premature retirement was accepted vide notification dated 20.09.2024, subsequent representation dated 14.10.2024 for withdrawal of notice for premature retirement was rightly not considered by the respondents. While referring to communication dated 14.11.2024 (Annexure P-4), issued under the signatures of Additional Secretary (Education) to the Government of Himachal Pradesh, Mr. Rajan Kahol, learned Additional Advocate General, vehemently argued that since there is no provision in the Department of Personnel, Government of Himachal Pradesh notification No. Per (AP-S)-A (3)-3/2019, dated 19.01.2022 (Himachal Pradesh Civil Services (Premature Retirement) Rules, 2022), allowing such request for withdrawal, therefore, her request for withdrawal of notification dated 20.09.2024 has been rightly rejected.

5. I have heard learned counsel for the parties and gone through the record carefully.

6. True, it is that bare perusal of the pleadings adduced on record reveals that petitioner herein, who was initially appointed as Lecturer in the month of October, 1993 and subsequently retired from the post of Principal, submitted an application on 08.08.2024, thereby giving three months notice for premature retirement from the post of Principal of Government Degree College, Kandaghat, District Solan, due to her ailment and bad health and such request of her was duly accepted by the department by issuing notification dated 20.09.2024, whereby Department, while accepting the request for premature retirement of the petitioner, ordered retirement of the petitioner w.e.f.5.11.2024, but it is also not in dispute that before petitioner’s superannuation on 5.11.2024, she submitted an application dated 14.10.2024, praying therein for withdrawal of notice of premature retirement and also withdrawal of notification dated 20.09.2024 on account of the fact that her health had improved and was fit to continue the service.

7. At this stage, it would be profitable to reproduce Rule 43(6) of CCS (Pension) Rules,2021 herei