Withdrawal of voluntary retirement notice must strictly comply with the mandatory fifteen-day statutory notice period.

The Petitioner, a Second-in-Commandant in the Border Security Force (BSF), submitted an application for Voluntary Retirement from Service (VRS) on 09.05.2023, effective 31.07.2023.

The Respondents returned this application because it failed to satisfy the mandatory three-month notice period under Rule 43(1) of the CCS (Pension) Rules, 2021.

Subsequently, the Petitioner submitted a fresh application on 23.06.2023, seeking VRS effective 31.08.2023.

The Respondents accepted this notice via a letter dated 25.08.2023.

On 28.08.2023—three days prior to the effective date—the Petitioner submitted a representation to withdraw his VRS notice.

The Respondents rejected this withdrawal on 31.08.2023, citing the Petitioner's failure to comply with the 15-day notice requirement for withdrawal of VRS.

1. Whether the Respondents were justified in rejecting the Petitioner’s request for withdrawal of VRS on the grounds that it was submitted less than 15 days before the intended date of retirement.

2. Whether the Petitioner's right to withdraw his VRS application remains absolute until the effective date of retirement notwithstanding the statutory time limits under the CCS (Pension) Rules, 2021.

The court primarily applied Rule 43(6) of the Central Civil Services (Pension) Rules, 2021, which stipulates that a request for withdrawal of a notice for voluntary retirement must be made at least 15 days before the intended date of retirement.

The court also considered Rule 43(1) regarding the mandatory three-month notice period for VRS.

The court distinguished the Supreme Court’s decision in S.D. Manohara v. Konkan Railway Corporation Limited & Others (2024 INSC 693), which dealt with internal communications and lack of finality in resignation.

The court distinguished the Delhi High Court decision in Birander Singh Ex DC v. Union of India & Others (2025:DHC:8315-DB), where the 15-day withdrawal notice requirement had been met.

The Court rejected the Petitioner’s argument that he could only withdraw the application after receiving formal acceptance on 25.08.2023, noting that nothing prevented him from withdrawing his request anytime between 23.06.2023 and the 15-day cutoff prior to 31.08.2023.

While acknowledging the general legal principle that an employee may typically withdraw a VRS request before the effective date, the Court held that this right is subject to specific statutory provisions.

In this case, Rule 43(6) of the CCS (Pension) Rules, 2021, explicitly mandates a 15-day window for withdrawal.

Since the Petitioner submitted his withdrawal request only three days before the effective date, the court found it was hit by the statutory bar.

The Court distinguished the Petitioner’s cited precedents, noting that S.D. Manohara involved unique factual circumstances regarding the service of the acceptance letter, and Birander Singh involved a petitioner who had complied with the 15-day timeline, unlike the present case.

The Court found no merit in the Petitioner’s challenge to the acceptance of the VRS or the rejection of the withdrawal.

The writ petition was dismissed.