ups_00821 — Applicant, Superintendent, Central Goods and Service Tax (GST) at GST, Guwahati prayed for voluntary retirement having completed more than 25 years of service. As per Rule 48-A of Civil Services Voluntary Retirement (VA) Scheme, the voluntary retirement request has to be considered within three months which expires on 1-6-2021. In this case, without going into the merit of the case, Tribunal directed the authority to decide and finalize the application for VR, dated 1-3-2021 along with the repre

UPS

Applicant, Superintendent, Central Goods and Service Tax (GST) at GST, Guwahati prayed for voluntary retirement having completed more than 25 years of service. As per Rule 48-A of Civil Services Voluntary Retirement (VA) Scheme, the voluntary retirement request has to be considered within three months which expires on 1-6-2021. In this case, without going into the merit of the case, Tribunal directed the authority to decide and finalize the application for VR, dated 1-3-2021 along with the representation, dated 21-5-2021 with the stipulated time as per law — The chunk discusses a court decision (Shri Sabit Shankar Das Gupta v. Secretary, Ministry of Finance, Department of Revenue and others) regarding an employee's application for voluntary retirement, w... — Facts: Applicant joined service as Inspector of Central Excise on 16-8-1995 under Ministry of Finance, Department of Revenue. Now Applicant is working as Superintendent in the Office of Central Goods and Service Tax, Guwahati and completed more than 25 years of service. Vide Order, dated 3-2-2021, Applicant was transferred from Guwahati GST Commissionerate to Agartala GST Commissionerate. Applicant states that as he has personal difficulties, he is unable to join at Agartala. Hence he submitted voluntary retirement on 1-3-2021. When the application for VR is pending, R-3, Additional Commissioner (P&V) at Central GST Commissionerate, Guwahati relieved the Applicant vide Order, dated 28-4-2021 to join at his new place of posting at Agartala. Against this, OA is filed. The main reason for not going on transfer is the Covid-19 epidemic. Hence he filed a representation, dated 21-5-2021 by which Applicant prayed for, his retention at Guwahati till finalization of his request for VR. In the meantime vide Order, dated 20-4-2021, Applicant was relieved from Guwahati. Hence Applicant filed this OA for his retention at Guwahati. Tribunal noted Rule 48-A of Civil Services Rules, 1972 wherein it is stated that an Application for VR has to be decided within three months. The rule is retracted in the judgment. The main point to be noted in the Rule is that, "Where the Appointing Authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period." By now Applicant having completed more than 25 years of qualifying service, he becomes eligible for VR. As per Rule 48-A of Civil Services (Pension) Rules, 1972, the request for VR has to be considered within a period of three months which will be expiring on 1-6-2021 in this case.

UPS

Applicant, Superintendent, Central Goods and Service Tax (GST) at GST, Guwahati prayed for voluntary retirement having completed more than 25 years of service. As per Rule 48-A of Civil Services Voluntary Retirement (VA) Scheme, the voluntary retirement request has to be considered within three months which expires on 1-6-2021. In this case, without going into the merit of the case, Tribunal directed the authority to decide and finalize the application for VR, dated 1-3-2021 along with the representation, dated 21-5-2021 with the stipulated time as per law — The chunk discusses a court decision (Shri Sabit Shankar Das Gupta v. Secretary, Ministry of Finance, Department of Revenue and others) regarding an employee's application for voluntary retirement, w... — Facts: Applicant joined service as Inspector of Central Excise on 16-8-1995 under Ministry of Finance, Department of Revenue. Now Applicant is working as Superintendent in the Office of Central Goods and Service Tax, Guwahati and completed more than 25 years of service. Vide Order, dated 3-2-2021, Applicant was transferred from Guwahati GST Commissionerate to Agartala GST Commissionerate. Applicant states that as he has personal difficulties, he is unable to join at Agartala. Hence he submitted voluntary retirement on 1-3-2021. When the application for VR is pending, R-3, Additional Commissioner (P&V) at Central GST Commissionerate, Guwahati relieved the Applicant vide Order, dated 28-4-2021 to join at his new place of posting at Agartala. Against this, OA is filed. The main reason for not going on transfer is the Covid-19 epidemic. Hence he filed a representation, dated 21-5-2021 by which Applicant prayed for, his retention at Guwahati till finalization of his request for VR. In the meantime vide Order, dated 20-4-2021, Applicant was relieved from Guwahati. Hence Applicant filed this OA for his retention at Guwahati. Tribunal noted Rule 48-A of Civil Services Rules, 1972 wherein it is stated that an Application for VR has to be decided within three months. The rule is retracted in the judgment. The main point to be noted in the Rule is that, "Where the Appointing Authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period." By now Applicant having completed more than 25 years of qualifying service, he becomes eligible for VR. As per Rule 48-A of Civil Services (Pension) Rules, 1972, the request for VR has to be considered within a period of three months which will be expiring on 1-6-2021 in this case.

Original Rule Text

Original Rule Text