CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI
OA No. 1991/2009
New Delhi, this the 23rd day of December, 2009
HONBLE MR. L.K. JOSHI, VICE CHAIRMAN (A)
HONBLE MRS. MEERA CHHIBBER, MEMBER (J)
Chander Pal Arora,
S/o Late Sh. Tulsi Das Arora,
R/o 833, Type-II, Sector-III,
R.K. Puram, New Delhi-22. . Applicant
(By Advocate: Sh. Ajesh Luthra)
Versus
1. Commissioner of Police,
PHQ, M.S.O. Building,
I.P. Estate, New Delhi.
2. The Joint Commissioner of Police,
Southern range,
PHQ, M.S.O. Building,
I.P. Estate, New Delhi.
3. Deputy Commissioner of Police,
South West District,
P.S. Vasant Vihar, New Delhi.
4. Dy. Commissioner of Police,
Headquarters
PHQ, M.S.O. Building,
I.P. Estate, New Delhi.
Respondents
(By Advocate: Sh. R.N. Singh)
O R D E R
Honble Mrs. Meera Chhibber, Member (J)
Applicant has challenged order dated 15.05.2009 whereby notice of voluntary retirement have been accepted w.e.f. 02.07.2009 (Page 10). It is submitted by the applicant that while working as Sub-Inspector in Delhi Police, he had given notice for voluntary retirement on 23.02.2009 due to some personal reasons requesting the authorities that he may be permitted to proceed on retirement w.e.f. 02.07.2009. However, since his family problems were sorted out, he submitted his request for withdrawing the notice for voluntary retirement on 27.04.2009 (Page 16). Yet ignoring his request for withdrawal, the authorities accepted his voluntary retirement vide order dated 15.05.2009 by stating that he would have been due to retire w.e.f. 02.07.2009.
2. Applicant has challenged the above order on the ground that his withdrawal could not have been ignored or rejected by the respondents as the law is that before the intended date of seeking retirement, if a person withdraws his notice that has to be taken into consideration. Before the intended date of voluntary retirement, i.e. 02.07.2009, applicant was well within his right to withdraw notice of his voluntary retirement.
3. Respondents, on the other hand, have stated that applicant had tendered the notice for voluntary retirement at his own sweet will without any pressure and stress and duress, therefore, his case was processed at the time of tendering voluntary retirement. Applicant has also applied 90 days half pay leave which was duly granted w.e.f. 02.03.2009 to 30.05.2009 in spite of having acute shortage of Ministerial staff in the District. As the intention for holding of general elections to the Lok Sabha was already made known by the Govt. which were of National importance and were required to be conducted in a peaceful manner, accordingly, District had constituted election cell to deal with all the references/correspondences related to the General Lok Sabha Elections, 2009. Despite knowing the importance of general elections, the applicant insisted for grant of 90 days half pay leave and tendered his notice for voluntary retirement. In the circumstances, his request to withdraw his notice of voluntary retirement is rightly rejected. The applicant already stands retired w.e.f. 02.07.2009, as such authority has no power to revoke the order of retirement. They have, thus, prayed that the OA may be dismissed with cost as averred by the counsel for the respondents as well.
4. We have heard both the counsel and perused the records.
5. Law on this point is well settled and that it is no longer res integra. In J N Srivastava Vs. Union of India and another reported in 1998 (9) SCC 599, Balram Gupta Vs. Union of India and another reported in 1987 (Supp.) SCC 228 and Shambhu Murari Sinha V/s Project and Development India Limited and another reported in AIR 2002 SC 1341, it has been held that once an employee has sent a letter withdrawing his voluntary retirement before a date of his actual release from the service which is the effective date, the withdrawal of resignation is valid and a person must be deemed to be entitled to continue in service till the age of superannuation.
6. In J N Srivastava Vs. Union of India & another reported in 1998 (9) SCC 559, it was held that even if the voluntary retirement notice is moved by an employee and get accepted by the authority within the time fixed, before the date of retirement is reached, the employee has locus poenitentiae to withdraw the proposal for voluntary retirement.
7. In the instant case, applicant had given notice for voluntary retirement on 20.03.2009. The intended date of retirement has been given as 02.07.2009, but within about two months applicant had given his request for withdrawing notice for voluntary retirement. Once the notice was withdrawn by the applicant, it could not have been accepted by the respondents on 15.05.2009, therefore, order dated 15.05.2009 is not sustainable and it is, therefore, quashed and set aside. Applicant is deemed to be in service w.e.f. 02.07.2009 and would be entitled to all the wages as he had wrongly been retired w.e.f. 02.07.2009 by the respondents. These directions may be complied with within a period of three months from the date of receipt of a copy of this order.
8. The O.A. stands disposed of with the above directions. No costs.
(MRS. MEERA CHHIBBER) (L.K. JOSHI)
Member (J) Vice Chairman (A)
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