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HARNARESH SINGH GILL
Jyoti Prasad – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Harnesh Singh Gill, J. (Oral)
Challenge in the present petition to the order dated 30.07.2018 (Annexure P-4) passed by respondent No.3, vide which the petitioner had been relieved from the duties without taking into consideration his application dated 18.07.2018 (Annexure P-2) to revoke the notice for voluntary retirement.
2. Learned counsel for the petitioner contends that initially, the petitioner was appointed as an Instructor in February, 1984 and thereafter, was promoted to the post of Vice-Principal in 2001. She further contends that on 25.04.2018, the petitioner, vide application dated 25.04.2018 (Annexure P-1), requested for voluntary retirement w.e.f. 31.07.2018 for the reason that he had undergone heart-surgery from Fortis Hospital, Mohali, and was not in a position to cope up with the duties. However, during the intervening period, the petitioner became recuperated and had submitted an application 18.07.2018 (Annexure P-2) seeking withdrawal of voluntary retirement notice and expressed his willingness to serve the institution for the remaining period upto the date of his superannuation. She further contends that the petitioner had moved the application dated 18.0
An employee has the right to withdraw an application for voluntary retirement prior to its acceptance by the employer, as per established legal principles.
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 can withdraw a request for voluntary retirement before it becomes effective, as established by Supreme Court precedent.
Voluntary retirement does not terminate employment until relieving order issued; withdrawal permissible beforehand as jural relationship subsists, irrespective of acceptance or inventories deposit.
The court affirmed that accepted voluntary resignation cannot be reversed without substantial legal grounds or evidence, particularly concerning mental health claims made after acceptance.
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....
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