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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Attau Rahman Masoodi, Subhash Vidyarthi JJ.
U.O.I. Thru. General Manager North Eastern Railway – Appellant
Versus
Dharmendra Kumar Sahu – Respondent
JUDGMENT :
1. Heard Shri S. B. Pandey, the learned Deputy Solicitor General of India assisted by Shri Ajit Kumar Dwivedi, the learned counsel for the petitioners and Shri Amit Verma, the learned Counsel for the respondent.
2. By means of the instant Writ Petition filed under Article 226 of the Constitution of India , the petitioners have assailed validity of the order dated 04.08.2023 passed by the learned Central Administrative Tribunal, Lucknow in O.A. No.332/00254/2021. The petitioners had filed Review Application No. 332/00006/2024 for review of the judgment and order dated 04.08.2023, which application has been rejected by means of an order dated 05.07.2024. Thereafter, the petitioners filed an application for recall of the order dated 05.07.2024, which too has been rejected by means of an order dated 10.01.2025. The petitioners have challenged the validity of all the aforesaid orders by means of this Writ Petition.
3. The respondent had filed an application seeking voluntary retirement due to health issues. When no orders were passed on that application, he had filed the aforesaid original application seeking a direction to the authorities to take an appropriate decision on his
Minor punishments do not negate eligibility for voluntary retirement; unauthorized absence does not affect completed service for retirement calculations.
The court reaffirmed that once an application for voluntary retirement is submitted and the conditions are met, it is deemed accepted unless explicitly rejected within the stipulated time, and prior ....
A government servant's qualifying service includes periods of unauthorized absence unless a disciplinary proceeding is initiated. The voluntary retirement request must be accepted if not explicitly r....
The main legal point established in the judgment is the requirement for a thorough examination of an employee's service history and qualifying service when considering a voluntary retirement scheme a....
The discretion to accept or reject voluntary retirement applications must be exercised judiciously, considering the employee's circumstances and not arbitrarily.
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