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VIJAY KUMAR SHUKLA
Yogesh Shah (Dr. ) – Appellant
Versus
Principal Secretary State of M. P. – Respondent
ORDER
1. The present petition is filed under Article 226 of the Constitution of India seeking quashment of the orders Annexure P/7 & P/8 by which the application of the petitioner for voluntary retirement as per the unamended rule of 42-A of M.P. Civil Services Pension Rules, 1976 (hereinafter referred as Pension Rules) prevailing at the time of the submission of the application has been rejected and the same has been communicated by letter dated 9.2.2012.
2. Draped in brevity the facts of the case are that the petitioner was appointed on 17.12.1985 to the post of Assistant Surgeon/Insurance Health Officer in Directorate Employee State Insurance Services on an ad-hoc basis. The services of the petitioner were regularised for the post of Assistant Surgeon/Insurance Health Officer vide order dated 26.6.1987. The petitioner submitted an application for voluntary retirement and served a notice in Form 28 both on 21.3.2006.
3. On 7.4.2006 rule 42 and 42-A of the Pension Rules were amended and as per rule 42(1)(a) the minimum qualifying service for seeking voluntary retirement was raised from 15 years to 20 years. Further rule 42-A was amended and earlier the qualifying service was increa
The right to voluntary retirement is substantive and governed by the rules in effect at the time of application, not amendments enacted thereafter.
A government servant has an absolute right to voluntarily retire after completing 30 years of service under Rule 48 of the CCS (Pension) Rules, 1972, provided they are not under suspension, and the e....
The discretion to accept or reject voluntary retirement applications must be exercised judiciously, considering the employee's circumstances and not arbitrarily.
A government servant must complete 20 years of qualifying service under Rule 48-A of the Pension Rules to be eligible for voluntary retirement, with unauthorized leaves excluded from service calculat....
When the petitioner was not eligible to submit a notice to retire under Rule 48-A, rejection was beyond the period of three months and the petitioner is deemed to have retired is unsustainable.
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....
Validity of voluntary retirement and entitlement to pension benefits under A.P. Revised Pension Rules, 1980.
Point of Law : Rule 48-A of CCS (Pension) Rules is extracted retirement on completion of 20 years' qualifying service.
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