Voluntary Retirement To Come Into Force Automatically On Expiry Of Notice Period If Appointing Authority Does Not Deny Permission
Case: Bhupendra Aatmaramdas Patel v. State of Gujarat
Coram: Justice Bhargav D. Karia
Case No.: C/SCA/7676/2017
Court Observation: “As per proviso to sub-rule (2) of Rule 48 of the Rules, 2002, if the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period. Thus, the petitioner having served three months’ notice for being retired w.e.f. 06.01.2014 and the same was not refused by the respondent-University, the petitioner is deemed to have retired with effect from the said date.”
“…if the appointing authority does not want to permit the employee to voluntarily retire from the effective date, it has to positively refuse to grant permission of retirement before the expiry of the period of three months specified in the notice.”
“…however in the facts of the case when the respondent-University could not have issued the charge-sheet after the petitioner has retired from the service, the delay and laches cannot come in the way of the petitioner as the action of the respondent-University for initiation of the departmental proceedings after voluntary retirement of the petitioner w.e.f. 06.01.2014 would be non-est and null and void from the beginning.”
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