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JHARKHAND HIGH COURT AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Jharkhand State Forest Development Corporation, through its Managing Director cum Additional Principal Chief Conservator of Forest Nand Kishore Singh, son of Late Ram Dayal Singh – Appellant
Versus
Anil Kumar Sharma, son of late Nageshwar Sharma – Respondent
JUDGMENT :
R. Mukhopadhyay, J.
Heard Mr. Rupesh Singh, learned counsel for the appellant and Mr. Indrajit Sinha, learned counsel for the respondent.
2. This appeal is directed against the judgment 26.09.2023 passed by the learned Single Judge in W.P.(S) No. 1755 of 2023 whereby and whereunder the order dated 18.01.2023 rejecting the representation of the appellant for withdrawal from voluntarily retirement has been quashed and set aside.
3. The factual aspect of the case reveals that the writ petitioner (respondent no. 1 herein) was appointed to the post of Forest Produce Inspector (Range Officer) in the Bihar State Forest Development Corporation in the year 1987. After bifurcation of the State, Jharkhand State Forest Development Corporation was constituted in the State of Jharkhand and the services of the petitioner was transferred from the State of Bihar to the State of Jharkhand in Jharkhand State Forest Development Corporation.
It has been stated that after 33 years of unblemished service, the petitioner had opted for voluntarily retirement before the respondent no. 2 vide letter dated 27.07.2020. The reason for making such option is the decision of the petitioner to contest electio
Voluntary retirement does not terminate employment until relieving order issued; withdrawal permissible beforehand as jural relationship subsists, irrespective of acceptance or inventories deposit.
The main legal point established in the judgment is that the jural relationship of employer-employee does not come to an end unless the employee is relieved from duty after acceptance of voluntary re....
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....
An employee cannot withdraw a request for voluntary retirement once it has been accepted and becomes effective, as per the Pension Rules.
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....
Point of Law : Rule 48-A of CCS (Pension) Rules is extracted retirement on completion of 20 years' qualifying service.
The court affirmed that accepted voluntary resignation cannot be reversed without substantial legal grounds or evidence, particularly concerning mental health claims made after acceptance.
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