RESERVED ON 29.01.2026

O R D E R

MANISH KUMAR SRIVASTAVA

The present O.A has been filed by the applicant under section 19 of Administrative Tribunal Act, 1985 seeking following reliefs:-

(i) This Hon’ble Tribunal may graciously be pleased to quash the impugned order dated 7.06.2023 (Annexure A-1) with further directions to the respondents to allow him to discharge his duties as usual as was discharging prior to impugned order for the post of Additional Chief Medical Superintendent with all consequential benefits.

(ii) Any other relief, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case, may be given in favour of the applicant.

(iii) Award the costs of the original application in favour of the applicant”.

Brief facts of the case are that the applicant was initially appointed as A.D.M.O. on 06.04.1998. The applicant submitted an application dated 09.03.2023 seeking voluntary retirement under the provisions of Para 1802(b)(i) of IREC, Volume-I , after giving the prescribed notice. Subsequently, due to improvement in his family, domestic, and health conditions, the applicant submitted a representation dated 26.05.2023 to respondent No. 1, requesting withdrawal/cancellation of his voluntary retirement application dated 09.03.2023. However, the respondents, vide impugned letter dated 07.06.2023, informed the applicant that his request for voluntary retirement submitted on 09.03.2023 had been accepted with immediate effect and directed the concerned authorities to settle the dues payable to him. Aggrieved by the impugned letter dated 07.06.2023, the applicant has filed the present Original Application.

Per contra, learned counsel for the respondents filed a counter affidavit stating that the applicant was initially appointed as A.D.M.O. on 06.04.1998. The applicant himself submitted an application dated 09.03.2023 seeking voluntary retirement under Para 1802(b)(i) of IREC, Volume-I , after giving the prescribed notice. Thereafter, the applicant submitted a representation dated 26.05.2023 seeking withdrawal of his voluntary retirement application on personal grounds. However, after due consideration, the competent authority accepted the request for voluntary retirement, and the applicant was informed accordingly. In pursuance thereof, the settlement forms were forwarded to the applicant from the

MANISH KUMAR SRIVASTAVA

office of respondent No. 5 vide letter dated 07.06.2023. It is submitted that the applicant, of his own free will and without any protest, accepted the voluntary retirement and duly filled and submitted the settlement forms, including the e-payment mandate form, along with all required documents on 12.06.2023. The said forms were countersigned by the controlling authority and forwarded to the Settlement Section of the Personnel Department, Jhansi Division, for release of retiral dues. At no point of time the applicant raise any objection or take steps to withhold the settlement payments. It is further submitted that the applicant has been regularly receiving monthly pension since 08.06.2023. Pursuant to the action taken by the Railway Administration, the applicant has received settlement dues amounting to Rs. 1,00,35,941/- towards leave salary, group insurance, gratuity, and commutation. In addition, a further amount of Rs. 80,52,234/- was paid to the applicant on 22.04.2024 towards the settlement bill. Thus, it is abundantly clear that the applicant has voluntarily retired, accepted all retiral benefits, and is drawing pension, yet has approached this Tribunal by suppressing material facts. The applicant has therefore not approached the Tribunal with clean hands and is not entitled to any relief. Accordingly, the Original Application deserves to be dismissed with costs.

Rejoinder affidavit has also been filed in which the applicant has reiterated the facts as stated in the OA and denied the contents of the counter affidavit. Nothing new has been stated

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