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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MALKIT RAM – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
JUDGMENT :
NAMIT KUMAR, J.
1. Instant writ petition has been filed under Articles 226/227 of the Constitution of India for setting aside order dated 09.12.2025 (Annexure P-10) as well as the order dated 18.04.2024 (Annexure P-6), passed by respondent No.2, whereby application/representation to allow the petitioner to withdraw the voluntary retirement and to rejoin as per letter/representation dated 14.02.2024 (Annexure P-4), has been rejected.
2. Brief facts of the case, as have been pleaded in the petition, are that the petitioner was working as Multipurpose Health Supervisor (Male) at Primary Health Centre (PHC), Khatkar Kalan under PHC Sujjon, District Shaheed Bhagat Singh Nagar. Due to illness of his mother and certain other pressing family circumstances, petitioner applied for leave, which was not sanctioned. Thereafter, the petitioner submitted an application dated 30.10.2023 (Annexure P-1), seeking voluntary retirement by giving an advance notice of 90 days, as prescribed under the relevant rules. Despite lapse of 38 days, the said application for voluntary retirement of the petitioner was not accepted by the respondents. Subsequently, petitioner submitted another application d
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....
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....
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.
An employee cannot withdraw a request for voluntary retirement once it has been accepted and becomes effective, as per the Pension Rules.
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