Case Note & Summary
The petitioner, Vithal s/o Lingoji Kalyankar, was a Senior Clerk in the District Court at Nanded, having joined service on 06.06.1988. After about 30 years of service, he submitted a notice of voluntary retirement on 01.08.2018, citing family problems, with the intended date of retirement as 31.10.2018 after office hours. The notice was accepted by the Principal District Judge on 28.09.2018. However, as the family problems were resolved, the petitioner submitted a written request on 31.10.2018 at 10:30 a.m. seeking withdrawal of his retirement notice and recall of the acceptance order. The Principal District Judge rejected this request on the same day, citing Rule 65 of the Maharashtra Civil Services (Pension) Rules, 1982, stating that withdrawal must be made before the intended date with prior approval. The petitioner received the rejection order at 5:30 p.m. on 31.10.2018. Aggrieved, he filed a writ petition challenging the rejection order and seeking continuation in service with consequential benefits. The court examined the provisions of Rule 65 and relevant precedents, including the Supreme Court's decision in J.C. Yadav v. State of U.P. and Bank of India v. O.P. Swarnakar. The court held that Rule 65 does not prohibit withdrawal of a voluntary retirement notice before the intended date of retirement. The acceptance of the notice does not create a vested right in the employer until the retirement actually takes effect. Since the petitioner made the withdrawal request before the intended retirement time (after office hours), the rejection was unsustainable. The court allowed the petition, set aside the order dated 31.10.2018, and directed that the petitioner be treated as having continued in service without any break, with all consequential benefits.
Headnote
A) Service Law - Voluntary Retirement - Withdrawal of Notice - Rule 65 of Maharashtra Civil Services (Pension) Rules, 1982 - The petitioner, a Senior Clerk, sought to withdraw his voluntary retirement notice on the same day before the intended retirement date. The court held that Rule 65 does not bar withdrawal if the request is made before the retirement becomes effective, and the employer's acceptance does not create an irrevocable right. The court allowed the petition and set aside the rejection order. (Paras 2-14) B) Service Law - Voluntary Retirement - Interpretation of Rule 65 - Rule 65 of MCS (Pension) Rules, 1982 - The court interpreted Rule 65 to permit withdrawal of a voluntary retirement notice at any time before the intended date of retirement, provided the request is made before the retirement takes effect. The court distinguished between acceptance of notice and actual retirement, holding that the employee retains the right to withdraw until the retirement becomes effective. (Paras 8-14)
Issue of Consideration
Whether a government servant can withdraw a notice of voluntary retirement before the intended date of retirement, and whether Rule 65 of the Maharashtra Civil Services (Pension) Rules, 1982 prohibits such withdrawal after acceptance of the notice.
Final Decision
The court allowed the writ petition, set aside the order dated 31.10.2018 passed by the Principal District Judge, Nanded, and directed that the petitioner be treated as having continued in service without any break, with all consequential benefits.
Law Points
- Voluntary retirement notice can be withdrawn before the intended date of retirement
- Rule 65 of MCS (Pension) Rules
- 1982 does not prohibit withdrawal if request is made before retirement becomes effective
- Withdrawal request made on the same day before office hours is valid
- Acceptance of retirement notice does not create vested right in employer until retirement actually takes effect
