An employee may withdraw a voluntary-retirement notice before its effective date, despite prior acceptance.

The applicant submitted notices seeking voluntary retirement under Rule 48(1) of the CCS (Pension) Rules, 1972, initially with effect from 31 January 2015 and subsequently from 28 February 2015.

On 12 January 2015, before either effective date, he sought to withdraw his notices.

The respondents accepted his voluntary retirement by order dated 24 February 2015, effective 28 February 2015, notwithstanding the withdrawal request, which they acknowledged had been received before that date.

The applicant challenged the acceptance order before the Tribunal.

Whether an employee may withdraw a notice of voluntary retirement before its effective date, even after the employer has accepted the notice.

Whether the respondents’ order accepting the applicant’s voluntary retirement, despite his timely withdrawal request, should be set aside.

Rule 48(1) of the CCS (Pension) Rules, 1972 permits a government servant to seek voluntary retirement by giving the prescribed notice.

Rule 48(2) provides that a government servant who has elected to retire under the rule is precluded from subsequently withdrawing that election except with the specific approval of the appointing authority.

The Tribunal applied the principle that a voluntary-retirement notice may be withdrawn before the date on which retirement takes effect, relying on Balram Gupta v. Union of India, 1987 (Supp) SCC 228; J.N. Srivastava v. Union of India, (1998) 9 SCC 559; and Union of India v. Wing Commander T. Parthasarathy, (2001) 1 SCC 158.

It also relied on Anand Swaroop Singh v. Union of India & Ors., 2012 SCC OnLine MP 8415, which held that a timely withdrawal made before the effective date must be considered and that acceptance of the retirement notice does not, by itself, prevent its withdrawal before that date.

The applicant’s withdrawal request was made on 12 January 2015, before the stated effective date of 28 February 2015, and the respondents admitted receiving it before that date.

Applying the cited authorities, the Tribunal held that the applicant remained entitled to withdraw his notice before retirement took effect, notwithstanding the respondents’ prior acceptance of it.

The acceptance order therefore could not stand.

Associated miscellaneous applications were disposed of, with no order as to costs.