ORDER

Per: SH. RAMESH SINGH THAKUR MEMBER (J):

1. This OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 against the impugned order dated 13.07.2022 (A-1) vide which the request of applicant for withdrawl of notice for VRS has been rejected and also order in appeal dated 09.09.2022 (A-10) vide which the appeal of the applicant has been rejected.

2. The brief facts leading to filing of this OA are that the applicant joined the respondent department of posts as sorting assistant on 05.10.1999 under the control of respondent no. 3. The applicant while working as Sorting Assistant in Railway Mail Service, Chandigarh (SRO, Chandigarh) under Rule 48/48-A, of the CCS Pension Rules, 1972 date 30.03.2022 applied for VRS seeking retirement w.e.f. 30.06.2022. The request of applicant was accepted by respondent no. 3 vide OM dated 06.05.2022 w.e.f.

30.06.2022 (A/N) and he was permitted to retire from government service w.e.f. 30.06.2022. Vide letter dated

24.06.2022, the applicant submitted a request to respondent no. 3 seeking withdrawl of VRS and a request of transfer from Chandigarh to Patiala (A-5). The applicant received another letter dated 13.07.2022 (A-1), whereby, it was mentioned that the representation of the applicant has been rejected as per Gazette Notification issued vide GSR 868 E DATED 2012.2021. The applicant thus submitted an appeal dated 29.07.2022 to the next higher authority i.e. respondent no. 2 under Rule 23(iv) (b) r/w Rule 23 (iv)(a) of CCS CCA Rules, 1965 (A-7). The applicant submitted a reminder to respondent no. 2 for an early decision about the Appeal (A-9). The respondent no. 2 vide order dated 09.09.2022 (A-10) has rejected the appeal of applicant. Aggrieved by the said action of respondents, the applicant has filed this OA.

3. In the written statement, filed by respondents it has been submitted that the request of applicant for VRS was considered by the competent authority in view of the latest ruling i.e. CCS Pension Rules 2021 as well as CCS Pension Rules 1972 governing the voluntary retirement of government servant. It has been further submitted by the respondents that the applicant was clearly informed at the time of his visit at the Divisional Office on 30.06.2022 that as per CCS Pension Rules, 1972 under Rule No. 48/48A that the request for withdrawl shall be made not less than fifteen days before the intended date of voluntary retirement. The respondents have relied upon sub Rule (4) of Rule 48-A, under CCS Pension Rules, 1972 under which the notice of Voluntary Retirement from service can be withdrawn only with the specific permission of the competent authority. The relevant portion is reproduced as under:

“A government servant who has elected to retire under this Rule and has given the necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority”

It has been further stated by respondents that request of withdrawl of VRS dated 29.06.2022 was not accepted by the undersigned and thus, the applicant stood retired on 30.06.2022.

4. Rejoinder to the said written statement was filed by applicant, whereby, the applicant has relied upon judgement passed by the Hon’ble SC in matter of Balram Gupta Vs. UOI and Ors and on Power Finance Corporation Ltd Vs. Pramod Kumar Bhatia ( MANU/ SC/ 1136/1997). The relevant portion of which is as under:

“It is now settled legal position that unless the employee is relieved of the duty, after acceptance of the offer of voluntary retirement or resignation, jural relationship of the employee and the employer does not come to an end. since the order accepting the voluntary retirement was a conditional one, the conditions ought to have been complied with. Before the conditions could be complied with, the appellant withdrew the scheme. consequently, the order accepting v