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ABDUL QUDDHOSE
P. Jesumarial – Appellant
Versus
Chairman – Respondent
ORDER :
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records relating to the proceedings of the impugned order No.T-12/2/2016-E/D.918 dated 17.04.2017 on the file of the third respondent and quash the same.
This Writ Petition has been filed challenging the impugned order dated 17.04.2017 issued by the third respondent stating that the petitioner has been relieved of her duties in the traffic department with effect from 23.04.2017 pursuant to her request for voluntary retirement.
2. The petitioner was working as Upper Division Clerk in the third respondent Port Trust. On 24.01.2017 she had made a written request to the respondent Port Trust for voluntary retirement from service in the respondent Port Trust in accordance with the Rules for voluntary retirement. The petitioner had given three months notice in her written request dated 24.01.2017. If the request of the petitioner is accepted, the effective date of the voluntary retirement of the petitioner in the respondent Port Trust will be on 23.04.2017. However, according to the petitioner, since she has withdrawn her request for voluntary retirement thro
An employee can withdraw a request for voluntary retirement before it becomes effective, as established by Supreme Court precedent.
The court has the discretion to accept a petitioner's prayer to substitute the order of compulsory retirement with voluntary retirement, considering the petitioner's age and the nature of the prayer.
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 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.
Voluntary retirement does not terminate employment until relieving order issued; withdrawal permissible beforehand as jural relationship subsists, irrespective of acceptance or inventories deposit.
An employee may withdraw a VRS application only until it is accepted; once accepted, the request is final, barring any claims for reinstatement thereafter.
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