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HC Dismisses Plea to Rejoin Service After Voluntary Retirement

Judicial Bench Highlights Distinction Between Resignation and Voluntary Retirement Laws

by TheReportingTimes

Chandigarh, March 11: Punjab and Haryana High Court has made it clear that government employees do not possess an absolute right to withdraw voluntary retirement applications after they have been processed and accepted. Justice Namit Kumar affirmed that once a competent authority accepts a retirement notice, especially when requested urgently by the employee, the service bond is effectively concluded.

The Bench was told that the petitioner had deposited three months’ salary to waive the notice period, leading to a formal retirement order earlier this year. The court observed that the expressions “voluntary retirement” and “resignation” carry different legal connotations and must be handled with care by those in public service. Justice Namit Kumar declared that the judicial system cannot entertain petitions where employees move to withdraw such notices “without rhyme or reasons” after the administrative process is complete.

The ruling emphasized that the petitioner had multiple opportunities to reconsider during the initial notice period. Justice Namit Kumar maintained that the court has no hesitation in observing that the administrative burden caused by such casual reversals is unacceptable. The court concluded that the orders rejecting the petitioner’s request to rejoin service were legally sound, asserting that the responsibility for analyzing the implications of retirement lies solely with the employee before they submit their final request.

 

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