Case Note & Summary
The petitioner, Dr. Mahananda Mahadev Jaybhaye-Munde, a Medical Officer in the Maharashtra Public Health Department, joined service on 22 June 2002. After losing her husband to a heart attack, she applied for earned leave from 27 February 2023 to 17 March 2023 for her daughter's examination, but the leave was not sanctioned due to responsibilities attached to her post. On 5 April 2023, she applied for voluntary retirement effective 4 July 2023, citing her husband's death and her own health issues (hypertension, hyperlipidemia with IBS). On 17 April 2023, she changed her mind and sought to withdraw the voluntary retirement application. On 2 May 2023, the Joint Secretary directed the Director to send a detailed proposal with an opinion. The petitioner then filed Original Application No.586 of 2024 before the Maharashtra Administrative Tribunal, which dismissed it on 29 January 2025, holding that the leave could not be sanctioned prospectively and that the voluntary retirement application could not be withdrawn after the process had begun. The petitioner challenged this order in the Bombay High Court. The High Court held that the Tribunal erred in dismissing the application. It ruled that an employee can withdraw a voluntary retirement application at any time before it is accepted and communicated to her. Since the petitioner withdrew her application on 17 April 2023, before any acceptance, the withdrawal was valid. The court set aside the Tribunal's order and directed the respondents to treat the petitioner as continuing in service with all consequential benefits, except for the period from 4 July 2023 to the date of the judgment, for which she would not be entitled to salary but the period would count for pension.
Headnote
A) Service Law - Voluntary Retirement - Withdrawal Before Acceptance - An application for voluntary retirement can be withdrawn by the employee at any time before it is accepted and the order of acceptance is communicated to her. The right to withdraw subsists until the retirement actually takes effect. (Paras 7-9) B) Service Law - Leave - Prospective Sanction - Leave cannot be sanctioned prospectively; it can only be granted for past periods. The petitioner's application for earned leave for a future period was rightly not sanctioned. (Para 6) C) Service Law - Withdrawal of Resignation - Rule 26(4) of the Maharashtra Civil Services (Pension) Rules, 1982 - The rule permits withdrawal of resignation before acceptance. The same principle applies to voluntary retirement. (Paras 7-9)
Issue of Consideration
Whether a government employee can withdraw an application for voluntary retirement before it is accepted and communicated to her, and whether the Tribunal erred in dismissing her application for withdrawal.
Final Decision
The High Court allowed the writ petition, set aside the Tribunal's order dated 29 January 2025, and directed the respondents to treat the petitioner as continuing in service with all consequential benefits, except that for the period from 4 July 2023 to the date of judgment, she would not be entitled to salary but the period would count for pension.
Law Points
- Voluntary retirement can be withdrawn before it is accepted and communicated to the employee
- prospective sanction of leave is not permissible
- withdrawal of resignation/voluntary retirement is permissible if not yet accepted
