Central Administrative Tribunal Principal Bench, New Delhi O.A. No. 4796/2024 This the 19th day of November, 2025 Hon’ble Mr. R. N. Singh, Member (J)

Hon’ble Mr. Rajinder Kashyap, Member (A)

Dheer Singh S/o Lt. Sh. Rati Ram R/o: 315, Village Karkardooma Delhi 110092 …Applicant (By Advocate: Mr. Ankit Mehta with Mr. Varun Singh)

Versus

1. Govt. of NCT of Delhi Through Secretary Deptt. Of Health & Family Welfare Secretariat IP Estate New Sachivalya New Delhi-110002

2. C.M.O., Guru Teg Bahadur Hospital, Dilshad Garden, Shahdara, Delhi-110095

3. M.D./HOD Guru Teg Bahadur Hospital, Dilshad Garden, Shahdara, Delhi-110095

4. Administrative Officer Guru Teg Bahadur Hospital, Dilshad Garden, Shahdara, Delhi-110095 …Respondents (By Advocate: Mr. Amit Yadav with Ms Monika Bhargava and Mr. Pushp Raj Yadav, Legal Assistant with Mr. Ranveer Singh Rawat, Sr. Assistant )

ORDER (ORAL)

Hon’ble Mr. R. N. Singh, Member (J)

In the present O.A., filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has challenged an order dated 03.05.2024 vide which the respondents have accepted his request for voluntary retirement from Government service w.e.f. 08.05.2024 (after-noon) under Rule 48 of the CCS (Pension)

Rules, 1972.

2. In the present O.A., the applicant has prayed for the following reliefs: -

“a) To set-Aside Of Office Order Bearing No. F.15(1)/87/E- III/GTBH/650-56 and to reinstate the applicant on his post along with all the benefits, alongwith back wages, outstanding dues and consequential benefits in the interest of justice or any other relief.

b) Direct the respondents to give the applicant all consequential benefits; and/or c) In alternate if the applicant is not reinstated then to direct the respondent(s) to give wages/backpay wages to the applicant and to grant him gratuity as per the rules; and/or d) Award compensation to the extent of financial loss the applicant have suffered because of the office order passed by the respondents, and/or e) Award the deficit salary as it was eligible for the post of Head Cook since the date of passing of the Office Order dated 21.09.2017.”

3. In opposition to the claim of the applicant, the respondents have filed counter reply and they have prayed for dismissal of the OA. With the consent of the learned counsels for the parties, the matter has been taken up for consideration and disposal.

4. We have heard learned counsels for the parties and with their assistance, we have also perused the pleadings available on record/judgments cited by them.

5. Undisputed facts are that the applicant was appointed on the post of Masalchi (cook) on 06.05.1987. On the recommendation of the Departmental Promotion Committee, he was promoted to the post of Head Cook on 21.09.2017. The applicant has submitted his request dated 09.02.2024 seeking voluntary retirement. The said request of the applicant was processed by the respondents and the respondents have accepted his request vide impugned order dated

03.05.2024 for his retirement w.e.f. 08.05.2024 (After-noon).

6. It is also undisputed that before the said retirement of the applicant could become effective, the applicant has submitted a representation dated 06.05.2024 seeking cancellation/withdrawal of his request dated 09.02.2024 under reference and to allow him to perform his duties.

7. Learned counsel for the applicant has argued that before the employer-employee relationship between the parties herein in the O.A. can cease, the applicant has admittedly preferred the representation dated 06.05.2024 seeking cancellation/withdrawal of his request dated 09.02.2024 and for permission to allow him to perform his duties, the impugned order of his voluntary retirement w.e.f. 08.05.2024 (After-noon) is illegal and not sustainable in law.

8. In support of his argument, learned counsel for the applicant has placed reliance on the law laid down by the Hon’ble Apex Court in the following cases, namely, (i) Judgment dated 01.09.1987 in the matter of Balram Gupta Vs. Union of In