O R D E R

1. The present Original Application has been filed by the applicant Ram Sagar under section 19 of Administrative Tribunals Act, 1985 seeking following reliefs:-

“(i) The Hon’ble Tribunal may graciously be pleased to direct the respondents to allow pension and to pay all settlement dues viz. DCRG, commutation of pension, GIS and leave encashment to the applicant acceptance of his voluntary retirement with effect from 04.01.2013 i.e. on expiry of three months’ notice period under Rules.

(ii) The Hon’ble Tribunal may graciously be pleased to grant 12% interest on all delayed settlement dues including pension, P.F. commutation of pension with exemplary compensation for making harassment.

(iii) Any other suitable order or direction which the Hon’ble Tribunal may deem fit and proper in the circumstances of the case, be issued.

(iv) Award cost in favour of the applicant”.

2. Case of applicant is that after completing more than 20 years of service and attaining the age of 55 years, applicant gave a notice for voluntary retirement on 01/04.10.2012 by registered post on the ground of serious ailment in terms of Rule 1802 (b) (1) of I.R.E.C Vol-II and also averred that at the time of applying for voluntary retirement, applicant was not under suspension and no case of disciplinary proceeding or SPE/Vigilance was pending against him.

3. It is the further case of applicant that after the expiry of the statutory period of three months given in Rule 1802 (b) (1) of I.R.E.C Vol-II, no response being given by the Appointing Authority/Respondent, the retirement of applicant becomes effective on the expiry of the said period of three months. It is a case of applicant that it is settled law that Government servant giving notice may presume acceptance and his retirement is effective in terms of notice since the competent authority has not issued any order to the contrary before the expiry of the period of three months of notice as ordained by Rule 1802 (b) (1) of I.R.E.C Vol-II. It has been further averred in the O.A. that despite his voluntary retirement coming into effect, the respondents have failed to pay his monetary benefit of his service and therefore, filed the present O.A. for a direction to the respondents to settle his retirement dues.

4. In the counter affidavit, respondents have taken the plea that in his application dated 1/4.10.2012, applicant has given a false designation of the post being held by him and due to his unauthorized absence w.e.f. 16.4.2012, a charge-sheet dated 18.4.2012 under Rule 11 of Railway Servants (Discipline and Appeal) Rules 1968 was sent by Registered Post on two occasions but was unserved as per report of the Postal Department that letter could not be served since the applicant was not available or the house was locked. Therefore, copy of charge-sheet was pasted on the door of house of applicant and since the charge-sheet is pending against the applicant, his application for voluntary retirement is not in accordance with rules, as such, action could not be taken on the basis of voluntary retirement, application being impermissible under law, deserves dismissal.

5. It is the further case of respondents that the voluntary retirement notice dated 01/04.10.2012 was not received in the office. The applicant had given an application dated 01.10.2012 for voluntary retirement which was received in the office but since the applicant was unauthorizedly absent from duty w.e.f.

16.4.2012, no action was taken by the department.

6. I have heard Shri Sudama Ram, learned counsel for the applicant and Shri L.M. Singh, learned counsel for the respondents and gone through the pleadings on record as well as written arguments filed by learned counsel for the applicant.

7. The admitted fact of the case is that application dated

01.10.2012 for voluntary retirement was received by the respondents but no action was taken on the said application i.e. to refuse or accept.

8. The limited question involved in the present O.A. is whether in