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ANANDA SEN
Arun Gupta S/o Late Harihar Prasad Shaw – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. Petitioner, in this writ petition, prays for quashing the Notification as contained in Memo No. 509 dated 07.05.2014 (Annexure 5), whereby it has been notified that the petitioner’s application for voluntary retirement has been accepted and he stands voluntarily retired from service from the date of issuance of the notification. Further, by way of amendment, prayer has been made to quash Memo No. 873 dated 04.08.2014 (Annexure 11 to the writ petition), by which petitioner’s request for withdrawal of his application for voluntary retirement has been rejected.
2. The facts lie in a very narrow compass. Petitioner was appointed as a Medical Officer on the basis of recommendation of Bihar Public Service Commission. He was posted in Muzaffarpur vide Notification dated 09.02.1998. After bifurcation of the State of Jharkhand, petitioner was allotted Jharkhand Cadre. The petitioner, on 15.01.2013, applied for voluntary retirement, which was forwarded by the Deputy Superintendent, Sub Divisional Officer, Madhupur. His request for voluntary retirement was kept pending as no information was given to him on his application. Again on 07.09.2013, petitioner made another request to grant
An employee has the right to withdraw an application for voluntary retirement prior to its acceptance by the employer, as per established legal principles.
Point of Law : Rule 48-A of CCS (Pension) Rules is extracted retirement on completion of 20 years' qualifying service.
An employee has the right to withdraw the proposal for voluntary retirement before the jural relationship of employee and employer comes to an end.
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