CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH OA 60/958/2024 Chandigarh this the 17.12.2024 HON’BLE MRS. ANJALI BHAWRA, MEMBER (A)

Chitra Kaur Bidlan, aged 57 D/o Bal Singh Bidlan R/o 169/4, Sushma Valencia, Airport Road, Near Manav Mangal School, Zirakpur, District SAS Nagar, Mohali …Applicant (BY ADVOCATE: SH.NITIN KANT SETIA)

VERSUS

1. Kendriya Vidyalaya Sangathan through the Commissioner, 18, Institutional Area, Shaheed Jit Singh Marg, New Delhi

2. Kendriya Vidyalaya Sangathan through The Assistant Commissioner, Regional Officer, SCO 72-73, Sector 31-A, Chandigarh

3. The Principal, Kendriya Vidyalaya No. 1, Chandimandir Cantt, Panchkula …..Respondents (BY ADVOCATE: SH. R.K.Sharma)

O R D E R(Oral)

Per: MRS. ANJALI BHAWRA MEMBER (A):

1. This application has been filed under Section 19 of the Administrative Tribunals Act, 1985. The applicant has sought for the following relief:

i) That the Hon’ble Tribunal may graciously be pleased to pass an order of quashing the impugned letter memo. No. F 110044/14-05-57/2017/PPL/KVS (Estt-I) 4620- 4624 dated 12.06.2024 through which the application for voluntary retirement under Rule 48(A) of C CCS Pension Rules,1972 was purportedly accepted and the applicant was ordered to be relieved from service on 31.07.2024 (A/N) declaring to the effect that the same are illegal and arbitrary .

ii) Direct the respondents to accept the application dated

09.08.2024 (A-4) for withdrawl of applicant for VRS(A-

2)

iii) Direct the respondents to forthwith reinstate the applicant in service and allow her to continue on the same position, pay scale and allowances as was applicable to her before relieving her from duty on

31.07.2024

2. The brief facts leading to filing of this OA as stated by applicant are that the applicant joined KVS as PGT Economics on 02.12.1994 and was serving as Principal KVS, Ganganagar, Rajasthan from 09.07.2018 to 08.08.2023. The applicant got transferred to KVS, Panchkula and served there till 31.07.2024. The applicant was suffering from some skin ailments and opted for VRS. She submitted application dated 15.04.2024 (A-2)

through proper channel. The VRS of applicant got accepted vide order dated 12.06.2024 and she was ordered to be relieved from service on 31.07.2024. The applicant after relieving was cured of the ailment and she sought permission for withdrawl of VRS application on 09.08.2024 (A-4) to complete the remaining tenure before attaining the age of superannuation in November 2026.

3. Notice was issued to respondents. Respondents in their written statement have submitted the following:

i) That the applicant applied through proper channel for voluntary retirement w.e.f. 31.07.2024 vide her letter dated 15.04.2024. The Deputy Commissioner, KVS, Gurugram forwarded her application to KVS (HQ) vide his letter dated 09.05.2024 and the same was received at Headquarters Office on 17.05.2024. Thereafter, the said matter was put up before the Appointing Authority ( i.e. Commissioner, KVS) for approval and order of her voluntary retirement was issued vide office order dated 12.06.2024 by KVS(HQ), New Delhi.

ii) That applicant submitted application for withdrawl of Voluntary Retirement vide her application dated 09.08.2024. As she had already been relieved on

31.07.2024 ( A.N.) hence, the same was not considered. It was submitted that the action of the respondents is in accordance with the Rules.

iii) Respondents have examined her case under the provisions of Rule-48(A) of CCS (Pension), Rules, 1972. Her VRS application was accepted under the provision of Rule 48-A. Retirement on completion of

20 years’ qualifying service, which is as under:

“1) At any time after a government servant has completed 20 years’ qualifying service, he may be by giving notice of not less than three months in writing to the appointing authority, retire from service.

2) Notice of voluntary retirement given under sub- rule (I) shall require acceptance by the appointing authority:

Provided that where the appointing authority does