D.B. Civil Special Appeal (Writ) No. 967/2000. Case: Ram Prasad Tailor Vs The Rajasthan Civil Services Appellate Tribunal. Rajasthan High Court
| Case Number | D.B. Civil Special Appeal (Writ) No. 967/2000 |
| Counsel | For Appellant: M.A. Khan, Adv. and For Respondents: Anurag Sharma, Additional Advocate General |
| Judges | Sunil Ambwani, Actg. C.J. and Veerendr Singh Siradhana, J. |
| Issue | Service Law |
| Judgement Date | September 18, 2014 |
| Court | Rajasthan High Court |
Judgment:
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We have heard learned counsels appearing for the parties.
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This special appeal is directed against the order of learned Single Judge dated 17.4.2000, dismissing the writ petition, arising out of the order dated 24.7.1996 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur, by which the Appeal No. 130/95 was dismissed, upholding the order of the Tribunal.
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The appellant Ram Prasad Tailor was working as Upper Division Clerk in the Urban Area Family Planning Centre, Bapu Nagar, Bhilwara. He submitted an application on 27.10.1994, seeking voluntary retirement from service with effect from 31.1.1995. The application for voluntary retirement was accepted by the Appointing Authority, namely, Additional Director (Administration), Medical & Health Services, Rajasthan, Jaipur on 24.12.1994. In preparation to his retirement, with effect from 31.1.1995, the appellant was asked to hand over the charge of his seat to another UDC. In compliance of the order, the charge was voluntarily handed over by him on 28.12.1994.
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On 30.1.1995, the appellant submitted an application addressed to the Additional Director (Administration), Medical & Health Services, Rajasthan, Jaipur through proper channel i.e. through C.M.H.O., Bhilwara, withdrawing the application for voluntary retirement, on the ground that his family circumstances had changed. The application was forwarded by the C.M.H.O., Bhilwara to the Additional Director (Administration) on 30.1.1995 itself. It was actually received by the Additional Director (Administration) on 1.2.1995, who rejected the application by his order dated 10.3.1995, on the ground that the application had been accepted on 24.12.1994.
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The relevant Rule 244(1)(f) of the Rajasthan Service Rules, 1951, for withdrawing the notice of voluntary retirement, is quoted as below:-
Rule 244(1)(f)
A Government servant may, with the approval of the Appointing Authority, withdraw the notice given under clause(a) of this sub-rule provided the request for such withdrawal is made before the expiry of the notice.
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The Tribunal held that Rule 244(1)(f) provides that the notice for voluntary retirement can be withdrawn only after it is approved by the Appointing Authority. The employee is required to give specific reasons for withdrawing the notice, and after considering the circumstances, the Appointing Authority is to take decision. Since no reason was given in withdrawing the notice, there was no material before...
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