ups_00824 — Request for voluntary retirement after completion of 20 years of service, given by an employee of Indian Railways can be withdrawn due to compelling circumstances before the expiry of three months (the intended date) even if the voluntary retirement request is accepted meanwhile by the Railway administration

Request for voluntary retirement after completion of 20 years of service, given by an employee of Indian Railways can be withdrawn due to compelling circumstances before the expiry of three months (the intended date) even if the voluntary retirement request is accepted meanwhile by the Railway administration — This chunk is a part of a court ruling about an employee's request for voluntary retirement in the Indian Railways, specifically regarding the withdrawal of the request before its intended date due t... — Facts: The Applicant, while working as Office Superintendent in the Office of Senior Section Engineer (Signal), Northern Railway, submitted a notice of three months for voluntary retirement on 9-3-2015 to R-4, Senior Signal and Telecom Engineer, Northern Railway, Ambala Division. As per Rule 67 of Railway Services (Pension) Rules, 1993 (1993 Rules), she could take voluntary retirement after 20 years qualifying service. That request was rejected by the impugned Order, dated 10-6-2015 vide which her request for withdrawal of notice for voluntary retirement has been rejected, Order, dated 6-6-2005 vide which she was informed that she will stand relieved on 9-6-2015 as three months' notice for voluntary retirement has been accepted by the Competent Authority and Order, dated 4-6-2015 notice to all concerned, informing that she will be relieved from 9-6-2015, the date of expiry of her request for voluntary retirement. In this case, it is enough to note the decision based on reasoning is brought out. The Applicant before 9-6-2015, the date of completion of three months notice period for voluntary retirement, submitted a notice for withdrawal of her notice for voluntary retirement on 6-6-2015 which was rejected by the Competent Authority by the impugned Order, dated 10-6-2015 solely on the ground that her request for voluntary retirement had already been accepted by the Competent Authority on 4-6-2015 and thus her request for withdrawal cannot be acceded to. The Order, dated 10-6-2015 is reproduced in the judgment at Page 16. The Tribunal analyzed various earlier judgments of Apex Court before deciding the issue. The Apex Court in the case of Shambhu Murari Sinha v. Project and Development of India Ltd. and another [ AIR 2002 SC 1341 ], following the well-known judgment of Balram Gupta v. Union of India [ AIR 1985 SC 2354 ], 'held':