A public servant can withdraw his resignation after its acceptance with valid reasons, and the appointing authority must provide justifications for rejecting such requests.

HARINDER SINGH SIDHU, J.

1. The Union of India and others have filed the present writ petition impugning the order of the Central Administrative Tribunal, Chandigarh Bench dated 01.09.2017, whereby, TA No.060/00001/2016 has been allowed and the order dated 13.11.2017, whereby, its Review Application has been dismissed.

2. Respondent No.2 was appointed as a Clerk by the Railway Service Commission, Allahabad on 2.6.1964. After completing 20 years of service, he submitted a request dated 7.11.1984 seeking voluntary retirement w.e.f. 28.2.1985 due to family circumstances. His request was accepted vide communication dated 25.1.1985 and he was allowed to retire voluntarily w.e.f. 28.2.1985 on expiry of notice period of three months. Before the effective date of voluntary retirement, respondent No.2 submitted application dated 22.2.1985 to withdraw his earlier request for voluntary retirement. He stated that he had initially applied for voluntary retirement on account of domestic circumstances. Now, his domestic circumstances have changed and he may be permitted to withdraw his aforesaid request. This request was declined vide communication dated 28.2.1985. On receipt thereof respondent No.2 again submitted a request on the same day i.e. 28.2.1985 that as his family circumstances had changed favourably, he may be allowed to continue in his present employment. He also addressed a detailed appeal dated 4.3.1985 to the Railway Minister explaining the circumstances which had impelled him to seek voluntary retirement and the reasons for withdrawing the same subsequently. There was no response either to his representation or appeal to the Railway Minister.

3. He filed CWP No.1686 of 1985 impugning the orders declining his request for withdrawal of voluntary retirement. The writ petition was allowed vide judgment and order dated 15.1.2003. It was taken in appeal to the Hon’ble Supreme Court by the Union of India. Hon’ble Supreme Court vide order dated 2.9.2015 set aside the judgment holding it to be without jurisdiction in view Section 14 of the Administrative Tribunals Act, 1987 which came into force w.e.f. 1.7.1985. The writ petition was directed to be transferred to the Central Administrative Tribunal, whereafter, it was registered as Transfer Application and the impugned orders were passed.

4. The learned Tribunal held that it was settled law that it was open to a public servant to withdraw his resignation after its acceptance by the competent Authority in consonance with the Rules governing the acceptance. The Voluntary Retirement Scheme had been floated by the Railway Board on 9.11.1977. Paragraph 3(vi) of the Railway Board Policy, permitted withdrawal. The same is as under :

“A notice of voluntary retirement may be withdrawn subsequently only with the approval of the appointing authority provided the request for such withdrawal is made before the expiry of the notice.”

5. The learned Tribunal held that respondent No.2 had in the application seeking withdrawal of his request for voluntary retirement, given reasons that his family circumstances had improved substantially whereas no reason was furnished by the appointing authority as to why his request for withdrawal of voluntary retirement before the effective date of retirement could not be accepted. No reason was forthcoming even in the in the written statement. Accordingly, the TA was allowed. The order dated 28.2.1985 rejecting the application seeking withdrawal of the request for voluntary retirement was set aside. The Review filed by the petitioners was also dismissed.

6. Learned Senior Counsel for the petitioner Mr.R.T.P.S. Tulsi, relying on Director General, E.S.I.C. vs. Puroshottam Malani, (2008) 3 KerLT 613 contended- that a notice of voluntary retirement could be withdrawn subsequently only with the specific approval of the appointing authority. The Authority in this case having declined such request, the Tribunal was not justified in allowing the Transfer Application. On