Employee entitled to withdraw VRS notice before effective date, but acceptance and prolonged use of retiral benefits bars reinstatement under approbate-reprobate doctrine, severing service relation post-relief.

ORDER

In the instant OA, the applicant seeks the following reliefs :

(i) That, impugned order dated 17.8.2020 of acceptance of VRS and relieving the applicant vide Annexure A/1 may kindly be declared as illegal and the same may kindly be quashed.

(ii) That, respondents may kindly be directed to reinstate the applicant with all consequential benefits. Applicant is ready to refund the amount and benefits received pursuant to acceptance of his VRS.

(iii) Any other suitable relief which this Hon'ble Tribunal deem fit and proper in the circumstances of the case may also be given to the applicant along with cost of this litigation.

2. The present case pertains to withdrawal of application for VRS. Narrating the facts of the case, learned counsel for the applicant would state that the application for VRS was submitted on 02.03.2020 stating the following reasons :

Most humbly ii is submitted that currently I am holding the substantive post of Dy. Supdt of Police in CBI at Anti Corruption Branch, New Delhi. I have joined government service in August, 1990 as Sub-Inspector in Madhya Pradesh Police. Subsequently I Joined CBI on deputation as Sub-Inspector in year 1994. Later I was absorbed in CBI as Sub-Inspector in the year 2000. I was promoted to the rank of Inspector in CBI in the year 2003 and further as Dy Supdt. of Police, CBI in the year 2014. Presently I am posted at CBI ACB Delhi branch w.e.f. 17.09.2018.

Sir, my father is of 93 years of age and my wife is suffering persistent depression. (due to many major operations, she has undergone which included uterus removal operations, ovary removal, appendix removal, breast lump removal operations etc) and both needs to be taken care of personally, which I was not able to do as I was posted at Delhi. Due to age factor of my father and nature of disease of my wife, both of them are required to be stationed to Bhopal only.

Since I have to take care of my 93 years father and my wife who is suffering from depression) I have no option but to take voluntarily retirement from service for the above reasons.

Thereafter, an application for withdrawal of VRS was made by way of an e-mail on 14.08.2020. As per the averment of the respondents, the VRS was accepted by Office Order dated 13.08.2020 which reads as under :

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES &

PENSIONS

(DEPARTMENT OF PERSONNEL AND TRAINING)

AVD-II

********

Subject : Voluntary Retirement from Service (VRS) Notice of Shri D.S. Sengar, DSP, CBI-regarding

CBI may please refer their ID No. DPERS.I/2020/1129/3/119/2014 (793)-Pers.I dated 06.08.2020, on the subject mentioned above.

2. The competent Authority has approved the proposal for acceptance of voluntary retirement from service (VRS) notice dated 02.03.2020 (due to expire on 10.08.2020 after taking into consideration of DOPT OMs dated 30.03.2020 and 05.06.2020 regarding counting of the limitation period for diverse purposes under CCS (CCA) Rules, 1965, CCS (Pension) Rules, 1972) of Shri D.S. Sengar, DSP/CBI requesting for his retirement under Rule 48-A of CCS (Pension) Rule, 1972.

(S.P.R. Tripathi)

Under Secretary to the Government of India

Tel. No. 011-23092285

Dy. Director (Admn.), CBI HO, CGO Complex, New Delhi

DoPT ID No. 202/1/2020-AVD-II(Pt.I)

Dated 13.08.2020

This office order was received by CBI office on 14.08.2024.

3. It is not in dispute that the applicant was relieved by virtue of Annexure A-1 which reads as under :

Central Bureau of Investigation,

Anti Corruption Branch

Office Order No. 335/2020,

Dated : 17/08/2020.

Consequent upon acc