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2011 Supreme(MP) 190
IN THE HIGH COURT OF MADHYA PRADESH (INDORE BENCH)
Shantanu Kemkar and Abhay M. Naik, JJ.
Union of India (UOI) and Ors.
Vs.
Shishir Kumar Shukla
W.P. No. 4012 of 2009 (S)
Decided On: 03.03.2011
Headnote:(1) Civil Services (Pension) Rules, 1972 (Central) – R. 48A -Government employee made an application for voluntary retirement - before expiry of notice period, he made another application for withdrawing it -- administrative arrangements not affected -- no other employee made available for his job -- in spite of this, he was relieved from service -- non-consideration of withdrawal application bad in law -- he had right to withdraw his earlier application before its acceptance -- Central Administrative Tribunal was right to pass the order of his reinstatement.
Subd`rule (2) of rule 48A clearly enables the Government servant to seek withdrawal of request for voluntary retirement, provided that such request for withdrawal is within the intended date of his retirement. According to this subd`rule, a Central Government employee is not debarred from submitting an application for withdrawal of his request for voluntary retirement. Since the applicant had made a request for such withdrawal, the same ought to have been considered before passing the impugned order of acceptance of letter for volunatary retirement. [Para 16
There is further no material on record to establish that he had made arrangements acting on letter for voluntary retirement contained in Annexure A-I to make other employee available for respondents Job. [Para 19
Held : In the result, we hold that the acceptance of letter for voluntary retirement vide Annexure A-3 and further his relieving vide Annexure A-5 despite receipt of and non-consideration of application for withdrawal of letter of voluntary retirement is bad in law. The Central Administrative Tribunal is not found to have committed any error in allowing the application submitted by the respondent. 1987 (Supp.) SCC 228 followed. Civil Appeal No.4611 of 2008 distinguished. [Para 19
(2) Procedure -- resignation or letter of voluntary retirement of a Government servant -- cannot be withdrawn after having been accepted in due manner. AIR 1969 SC 180 and (1978) 2 SCC 301 followed. [Paras 8 & 9
¼1½ flfoy lsok ¼isU‘ku½ fu;e] 1972 ¼dsUnzh;½ && fu- 48d && ljdkjh deZpkjh us LoSfPNd lsokfuo`fr ds fy, vkosnu fn;k && lwpuk dkykof/k lekIr gksus ds iwoZ] mlus bls izR;kâr djus ds fy, nwljk vkosnu fn;k && iz‘kklfud O;oLFkk,a izHkkfor ugha && vU; deZpkjh bl dk;Z ds fy, miyC/k ugha gqvk && blds ckotwn] mls lsokfuo`r fd;k x;k && izR;kâr djus okys vkosnu ij fopkj u djuk fof/k dh n`f"V ls nks"kiw.kZ && mls viuk iwoZ vkosnu bldh Lohd`fr ls iwoZ izR;kâr djus dk vf/kdkj Fkk && dsanzh; iz‘kklfud vf/kdj.k }kjk mldh iqu% LFkkiu dk vkns‘k ikfjr djuk U;k;laxr FkkA
fu;e 48d dk mifu;e ¼2½ Li"V :i ls ljdkjh lsod dks LoSfPNd lsokfuo`fr dh izkFkZuk ds izR;kgj.k dh ek¡x djus ds fy, vf/kdkj iznku djrk gS] ijarq ;g fd izR;kgj.k ds fy, ,slh izkFkZuk mldh lsokfuo`fr ds vk‘kf;r fnukad ds Hkhrj gksA bl mifu;e ds vuqlkj] dsUnzh; ljdkjh deZpkjh LoSfPNd lsokfuo`fr ds fy, viuh izkFkZuk ds fy, vkosnu izLrqr djus ls fooftZr ugha gSA D;ksafd vkosnd us ,sls izR;kgj.k ds fy, izkFkZuk dh Fkh] bl ij LoSfPNd lsokfuo`fr ds fy, i= dh Lohd`fr dk vkf{kIr vkns‘k ikfjr djus ds iwoZ fopkj fd;k tkuk pkfg, FkkA
¼iSjk 16½
blds vfrfjDr lk{; ij ;g LFkkfir djus ds fy, dksbZ lkexzh ugha gS fd mlus izR;FkhZ ds dk;Z ds fy, vU; deZpkj dks miyC/k djus gsrq mikca/k,&1 esa varfoZ"V LoSfPNd lsokfuo`fr ds fy, i= ij dkjZokbZ djrs gq, O;oLFkk,a dh FkhA
¼iSjk 19½
vfHkfu/kkZfjr % ifj.kke esa] ge vfHkfu/kkZfjr djrs gSa fd mikca/k ,&3 }kjk LoSfPNd lsokfuo`fr dh Lohd`fr rFkk blds vfrfjDr LoSfPNd lsokfuo`fr dh Lohd`fr rFkk blds vfrfjDr LoSfPNd lsokfuo`fr ds i= ds izR;kgj.k ds fy, vkosnu dh izkfIr ds ckotwn mikca/k ,&5 }kjk mls fueqZDr djuk rFkk bl izR;kgj.k ds vkosnu ij fopkj u djuk fof/k dh n`f"V esa nks"kiw.kZ gSA dsanzh; iz‘kklfud vf/kdj.k dks izR;FkhZ }kjk izLrqr vkosnu eatwj djus esa dksbZ xyrh djrk gqvk ugha ik;k x;k gSA 1987 ¼lIyh-½ ,l lh lh 228 vuqlfjrA flfoy vihy dz- 4611 lu~ 2008 izHksfnrA
¼iSjk 19½
¼2½ izfdz;k && ljdkjh lsod dk R;kxi= ;k LoSfPNd lsokfuo`fr dk i= && lE;d~ jhfr ls Lohd`r gksus ds i‘pkr~ izR;kâr ugha fd;k tk ldrkA , vkb vkj 1969 ,l lh 180 rFkk ¼1978½2 ,l lh lh 301 vuqlfjrA
¼iSjk 8 ,oa 9½
Abhay M. Naik, J.
1. This writ petition has been preferred by the Petitioners against an order dated 3-3-2009, passed by the Central Administrative Tribunal, Jabalpur Bench Camp at Indore in O.A. No. 349/2008.
2. Facts relevant for the purpose of this petition are that the Applicant/Respondent was initially appointed as Lower Division Clerk in the year 1976, in the office of Regional Provident Fund Commissioner. He was promoted to the post of Upper Division Clerk and, thereafter, to the post of Section Incharge vide order dated 25-2-2005. While working on the post, he submitted an application on 21-11-2007 (Annexure A-l) seeking voluntary retirement due to his family circumstances. As per Rule 48-A of the Central Civil Services (Pension) Rules, 1972, at least three months prior notice was required to proceed on voluntary retirement. Before expiry of such period, the Applicant/Respondent submitted another application, on 17-2-2008 (Annexure A-2) with a request for withdrawal of Annexure A-1.
3. Non-Applicant/Petitioner No. 4 despite receipt of Annexure A-2, passed an order dated 20-2-2008 (Annexure A-3), accepting thereby the application contained in Annexure A-l for proceeding on voluntary retirement under Rule 48-A of Central Civil Services (Pension) Rules, 1972. Applicant/Respondent on the same day, submitted an application (Annexure A-4) that he had already submitted an application, revealed in Annexure A-2, to withdraw the application seeking voluntary retirement. In view of this, a prayer was made to cancel the impugned order of acceptance of voluntary retirement, made vide Annexure A-3. However, the Petitioner was relieved on 21-2-2008, vide office order marked as Annexure A-5.
4. Applicant/Respondent submitted O.A. No. 349/2008 before the Central Administrative Tribunal with a main grievance that he had already withdrawn the notice of voluntary retirement before its acceptance and further before it was given effect to. This being so, the acceptance of voluntary retirement is bad in law and consequently Annexure A-3 and A-5 may be quashed.
5. Non-Applicant/Petitioner submitted joint reply refuting thereby the claim of the Applicant. It was admitted that the application for withdrawal of voluntary retirement was received in the office of the appointing authority (Petitioner No. 3.) on 18-8-2008. It has been stated in the application specifically that the appointing authority had not accepted and approved the application for withdrawal which was essential according to Sub-rule (4) of Rule 48-A of General Civil Services (Pension) Rules, 1972. Accordingly, application for retirement has been rightly accepted which needs no interference.
6. Central Administrative Tribunal, Jabalpur vide its order dated 3-3-2009 allowed the application of the Applicant/Respondent and quashed the orders dated 20/21-2-2008, Annexure A-3 and A-5 respectively with all consequential benefits. Applicant/Respondent has also been directed for being reinstated forthwith by the said order. Hence, the present writ petition.
7. Shri Vivek Sharan, learned Assistant Solicitor General for the Petitioners and Ms. Vandana Kasrekar, learned Counsel for Respondent made their respective submissions which have been considered in the light of the material on record as well as the provisions governing the situation.
8. It is almost the settled law that resignation or letter of voluntary retirement of a Government Servant cannot be withdrawn after having been accepted in due manner. We may successfully refer to the Apex Court decision in the case of Raj Kumar v. Union of India AIR 1969 SC 180 wherein it has been observed that:
where a public servant has invited by his letter of resignation determination of his employment, his services normally stand terminated from the date on which the letter of resignation is accepted by the appropriate authority and in the absence of any law or rule governing the conditions of his service to the contrary, it will not be open to the pu
