Proviso to Rule 43(6) CCS (Pension) Rules 2021 mandating VRS withdrawal 15 days prior to intended date is valid, binding, and constitutional, prioritizing administrative certainty over absolute withdrawal right.

ORDER 

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

By filing the present OA under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking the following reliefs:- "(a) Quash and set aside the order dated 01.07.2024 (Annexure A/1) and order dated 10.07.2024 (Annexure A/2) and, (b) if need be, quash or read down proviso to sub rule (6) of rule 43 CCS (Pension) Rules 2021 (Annexure A/3) and (c) direct the respondents to reinstate the applicant in service, immediately and (d) Accord all consequential benefits including monetary (back wages) and seniority benefits (e) award costs of proceedings (f) any other relief which this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case”

FACTS OF THE CASE

2. Facts of the case as stated by the applicant are that the applicant was appointed as Data Entry Operator Gr. 'B' with the respondents during the year 1999 and has earned three promotions viz. Data Entry Operator (Gr. 'D') in year 2010, Gr. 'E' in year 2016, which is a gazetted post, and Assistant Director in year 2023.

2.1 It is stated that faced with mental harassment at her new place of posting consequent to her promotion as Asstt. Director, as mentioned above, the applicant sought voluntary retirement and she applied for Voluntary Retirement on 18.03.2024 (Annexure A/4).

2.2 Vide letter dated 1/2.04.2024 (Annexure A/5), the respondents intimated the applicant that as she has applied for VRS without curtailment of notice period and since notice of not less than three months period is required to be served as per the provisions of Rule 48 of CCS (Pension) Rules and as she has not mentioned the notice period and effective date, hence, she should submit application alongwith clear date of VRS.

2.3 In response thereto, the applicant vide her email dated 18.04.2024 (Annexure A/6) with which he has annexed the letter of resignation clarifying that notice period be counted from 18.03.2024 to 30.06.2024 and she be relieved after 01.07.2024. Thus, the applicant clearly stated the effective date of VRS as 01.07.2024.

2.4 However, due to change of mind for compelling economic/financial reasons, the applicant vide her email addressed to as-labour@nic.in dated 27.06.2024 requesting for withdrawal of her aforesaid VRS applicant with immediate effect attaching her letter dated 27.06.2024 (Annexure A/7) addressed to the Additional Secretary, D.G.E., S.S. Bhawan, New Delhi withdrew her request of VRS. However, vide order dated 01.07.2024 (Annexure A/1) respondents, stating that the President is pleased to accept the notice of VRS, ordered ‘stand relieving’ of the applicant w.e.f. forenoon of 01.07.2024, ignoring the withdrawal of VRS request. It is also pertinent to mention here that no order of acceptance of VRS request has been issued or communicated to the applicant.

2.5 Thereafter the respondents rejected the request of withdrawal of VRS vide application dated 27.06.2024 (Annexure A/2).

2.6 Earlier, the applicant has filed OA No.3062/2024, which was dismissed as withdrawn with liberty to the applicant to file afresh and better OA vide Order dated 18.10.2024. Hence, this OA for redressal of her grievance.

3. Pursuant to notice issued by this Tribunal, the respondents have filed their reply opposing the claim of the applicant. The applicant has also filed rejoinder in response to the reply filed by the respondents.

4. During the course of hearing, Shri Ajesh Luthra, learned counsel for the applicant submitted that the impugned orders/actions of the respondents are absolutely illegal, arbitrarily,