ups_00826 — An employee having been relieved from service based on his Voluntary Retirement request, cannot request for taking him back to service since there is no provision under Rule 37-A (11-A) CCS (Pension) Rules, 1972 and under Rule 48-A (Retirement on Completion of 20 years of Qualifying Service) to reinstate that employee condoning the absence period as leave due or in accordance with the executive policy / instructions

UPS

An employee having been relieved from service based on his Voluntary Retirement request, cannot request for taking him back to service since there is no provision under Rule 37-A (11-A) CCS (Pension) Rules, 1972 and under Rule 48-A (Retirement on Completion of 20 years of Qualifying Service) to reinstate that employee condoning the absence period as leave due or in accordance with the executive policy / instructions — This chunk pertains to an OA (Original Application) No. 645 of 2013, where an employee who was relieved from BSNL service due to a Voluntary Retirement request cannot be taken back as there is no pro... — Facts: The Applicant, who entered the Telecom service on 16-1-1990 as Telecom Operator, was promoted as Junior Telecom Officer in the year 2000. He was absorbed in BSNL with effect from 1-10-2000. In May, 2013, he was approached by public to stand for Assembly Elections. Hence he applied for voluntary retirement from service on 17-1-2003 under provisions of Rule 37-A (11-A) of CCS (Pension) Rules, 1972. The Chief General Manager, R-2 herein, of Karnataka Circle, Bangalore accepted his request as per Order, dated 26-3-2013. He was relieved from duty on 27-3-2013. As stated by him, he could not stand for the Assembly Election. Hence he withdrew his voluntary resignation and requested for taking him back on duty by his representation, dated 20-6-2013 condoning the interruption of his service. That was rejected by R-2, the Competent Authority by Order, dated 9-7-2013 on the ground that the withdrawal of voluntary retirement was not made within the stipulated period. That order is challenged in this OA. The case was heard. The brief facts of the case till the refusal for taking back on duty cancelling his voluntary retirement had been noted in the facts of the case. R-2 observed that to cancel his voluntary retirement, he should approach headquarters. The request for taking back his voluntary retirement made out by the Applicant under Rule 37-A (11-A) CCS (Pension) Rules, 1972 with effect from 17-4-2013 is noted indicating the reasons given by the Applicant for withdrawal. The rejection of his request by R-2 due to non-submission of his request, dated 9-7-2013 within the stipulated period is also noted in the judgment. Rule 37-A (11-A) is reproduced. It states that re-absorption cancelling his request for voluntary retirement after completing 10 years of qualifying service with Government and the Autonomous Body / Public Sector Undertaking taken together and he/she shall be eligible for pro rata pensionary benefits on the basis of combined qualifying service. Rule 48-A states that at any time after completion of 20 years of service by giving three months' notice for voluntary retirement, it can be considered by Appointing Authority with proviso for non-application of this rule. The Applicant has not cited any provision of rules regarding his averment that the rejection of his request is incorrect. In O.A. No. 667 of 2011 judgment, dated 4-7-2011, of parties Surjeet Singh Chawla v. Union of India, it was held that since no rules of BSNL is available in the case of taking back of voluntary retirement, the Law of Apex Court holds good. In the case of Apex Court judgment Union of India v. Gopal Chandra Misra [ 1987 AIR 2354 ], it was held that "it is not open to the public servant to withdraw his resignation after it is accepted by appropriate authority". But the voluntary retirement can be withdrawn before the termination of tenure of employment. Similar view is also expressed by Apex Court in the case of Raj Kumar v. Union of India [ 1969 AIR 180 ]. That judgment holds good in the case of the Applicant herein. No rule for accepting his withdrawal of voluntary retirement is quoted by the Applicant herein. Accepting his request for withdrawal of his voluntary retirement will set a bad precedence. The Applicant, even though he approached R-2 to set reinstate him which is not under the powers of R-2, the Applicant failed to approach the Headquarters office for accepting his request.

UPS

An employee having been relieved from service based on his Voluntary Retirement request, cannot request for taking him back to service since there is no provision under Rule 37-A (11-A) CCS (Pension) Rules, 1972 and under Rule 48-A (Retirement on Completion of 20 years of Qualifying Service) to reinstate that employee condoning the absence period as leave due or in accordance with the executive policy / instructions — This chunk pertains to an OA (Original Application) No. 645 of 2013, where an employee who was relieved from BSNL service due to a Voluntary Retirement request cannot be taken back as there is no pro... — Facts: The Applicant, who entered the Telecom service on 16-1-1990 as Telecom Operator, was promoted as Junior Telecom Officer in the year 2000. He was absorbed in BSNL with effect from 1-10-2000. In May, 2013, he was approached by public to stand for Assembly Elections. Hence he applied for voluntary retirement from service on 17-1-2003 under provisions of Rule 37-A (11-A) of CCS (Pension) Rules, 1972. The Chief General Manager, R-2 herein, of Karnataka Circle, Bangalore accepted his request as per Order, dated 26-3-2013. He was relieved from duty on 27-3-2013. As stated by him, he could not stand for the Assembly Election. Hence he withdrew his voluntary resignation and requested for taking him back on duty by his representation, dated 20-6-2013 condoning the interruption of his service. That was rejected by R-2, the Competent Authority by Order, dated 9-7-2013 on the ground that the withdrawal of voluntary retirement was not made within the stipulated period. That order is challenged in this OA. The case was heard. The brief facts of the case till the refusal for taking back on duty cancelling his voluntary retirement had been noted in the facts of the case. R-2 observed that to cancel his voluntary retirement, he should approach headquarters. The request for taking back his voluntary retirement made out by the Applicant under Rule 37-A (11-A) CCS (Pension) Rules, 1972 with effect from 17-4-2013 is noted indicating the reasons given by the Applicant for withdrawal. The rejection of his request by R-2 due to non-submission of his request, dated 9-7-2013 within the stipulated period is also noted in the judgment. Rule 37-A (11-A) is reproduced. It states that re-absorption cancelling his request for voluntary retirement after completing 10 years of qualifying service with Government and the Autonomous Body / Public Sector Undertaking taken together and he/she shall be eligible for pro rata pensionary benefits on the basis of combined qualifying service. Rule 48-A states that at any time after completion of 20 years of service by giving three months' notice for voluntary retirement, it can be considered by Appointing Authority with proviso for non-application of this rule. The Applicant has not cited any provision of rules regarding his averment that the rejection of his request is incorrect. In O.A. No. 667 of 2011 judgment, dated 4-7-2011, of parties Surjeet Singh Chawla v. Union of India, it was held that since no rules of BSNL is available in the case of taking back of voluntary retirement, the Law of Apex Court holds good. In the case of Apex Court judgment Union of India v. Gopal Chandra Misra [ 1987 AIR 2354 ], it was held that "it is not open to the public servant to withdraw his resignation after it is accepted by appropriate authority". But the voluntary retirement can be withdrawn before the termination of tenure of employment. Similar view is also expressed by Apex Court in the case of Raj Kumar v. Union of India [ 1969 AIR 180 ]. That judgment holds good in the case of the Applicant herein. No rule for accepting his withdrawal of voluntary retirement is quoted by the Applicant herein. Accepting his request for withdrawal of his voluntary retirement will set a bad precedence. The Applicant, even though he approached R-2 to set reinstate him which is not under the powers of R-2, the Applicant failed to approach the Headquarters office for accepting his request.

Original Rule Text

Original Rule Text