Right To Withdraw Notice Of Voluntary Retirement Before Intended Date Lost By Accepting Post-Retiral Benefits: Bombay High Court

Post published:March 30, 2022
Post category:Bombay High Court / Daily Judgments
Reading time:5 mins read

Right To Withdraw Notice Of Voluntary Retirement Before Intended Date Lost By Accepting Post-Retiral Benefits

Case: Sadiq Shafi Qureshi v M.D. and C.E.O.,Union Bank of India and ors.

Coram: Justices A.S. Chandurkar and G.A. Sanap

Case No.: Writ Petition No. 1770/2021

Court Observation: “The petitioner cannot be prejudiced for the failure of the Appointing Authority to consider his request for withdrawing his notice of voluntary retirement. This aspect enures to the benefit of the petitioner and the second question is answered accordingly,”

“We find that the petitioner’s conduct of receiving various service benefits from 14.09.2017 disentitle him to the relief of reinstatement with continuity of service as prayed by him. The petitioner cannot be permitted to take inconsistent positions at the same time, one by seeking to withdraw his notice of voluntary retirement before the intended date of such voluntary retirement and on the other hand continue to receive the retirement benefits,”

Sadiq-Shafi-Qureshi-v-M.D.-and-C.E.O.Union-Bank-of-India-and-ors.-30-March-9 Download

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