Central Civil Services (Pension) Rules, 1972: Rule 48A(4)- Notice of voluntary retirement-Withdrawal of When permissible.

Civil Services: Civil Servant-Withdrawal of notice of voluntary retirement-Whether permissible.

The appellant offered to resign voluntarily from his service by letter dated 24th December, 1980 with effect from 31st March, 1981 under Rule 48A of the Central Civil Services (Pension) Rules, 1972, having rendered by then more than 20 years service. The notice period of three months was to commence from 1st January, 1981. By an order dated 20th January, 1981 he was allowed to retire voluntarily prospectively with effect from the afternoon of 31st March, 1981.

On account of personal requests from the staff members the appellant, however, changed his mind and by his letter dated 31st January, 1981 requested the authorities that his resignation might be treated as cancelled and the notice given by him be treated as withdrawn. He was not allowed to do so and was relieved by an order dated 31st March, 1981. The respondent No. 2 informed him that in view of the activities of the appellant in his capacity as the Secretary of the Employees' Association it has been found appropriate to ease him out from service.

The High Court dismissed the appellant's writ petition on the ground that sub-rule (4) of Rule 48A of the Pension Rules enables the Government servant to withdraw his application for voluntary retirement only with the approval of the Government. The approval having not been given the rule had been complied with.

In this appeal by special leave, it was contended for the appellant that if Rule 48(A) be read as consistent with the constitutional requirements of reasonableness, which is a well accepted rule of construction, then the Government could not withhold approval to the withdrawal of resignation without any rhyme or reason. For the respondents it was contended that a Government servant was not entitled to demand as of right permission to withdraw the letter of voluntary retirement, it could only be given as a matter of grace, that it was not in the knowledge of the respondent as to what prompted the appellant to request the withdrawal, that the application for withdrawal was considered in the light of the guidelines laid down by O.M. No. 24(57)-E-V-32 dated 24th December, 1952 for considering and deciding in the matter of accepting or refusing the withdrawals of notice of voluntary retirement and the request was turned down appropriately, and that once the notice was given it became operative immediately.

Allowing the appeal.