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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
| Table of Content |
|---|
| 1. factual background of vrs application and proceedings. (Para 1 , 2 , 3) |
| 2. conflicting arguments on vrs withdrawal validity. (Para 4 , 5) |
| 3. second writ maintainable due to fresh cause. (Para 6 , 7) |
| 4. board recommended service continuation post-vrs. (Para 8) |
| 5. no termination without relieving order. (Para 9 , 10 , 11) |
| 6. withdrawal allowed; appeal dismissed upholding reinstatement. (Para 12 , 13 , 14) |
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
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....
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