A voluntary retirement request is allowed under the Central Civil Service pension rules, provided it receives approval from the competent authority. The Himachal Pradesh High Court recently made this ruling in a case involving the principal of a government degree college in Kandahat, Solan. The principal submitted a request for premature retirement or voluntary retirement on August 8, 2024, citing health reasons. Her request was approved, and her retirement date was set for November 5, 2024.
However, on October 14, 2024, she (petitioner) gave another request to the authorities to withdraw her voluntary retirement, stating that her health conditions had improved. This is where the issue arose. The authorities declined her request to withdraw premature retirement. Then, the aggrieved principal (petitioner) filed a writ petition before the High Court.
While hearing the case, the court referred to Rule 43(6) of the Central Civil Services (Pension) Rules and held that until the premature retirement becomes effective, the retirement request can be taken back.
Rules 43 (6) of the CCS (Pension) Rules, 2021, states, “Government servant, who has elected to retire under this rule and has given the necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority: Provided that the request for withdrawal shall be made not less than fifteen days before the intended date of voluntary retirement.”
Court Observation
The court held, “Petitioner has explained the circumstances under which she changed her mind, i.e. her health, and therefore, competent authority ought to have given due consideration to attending facts and circumstances.”
It stated, “Though a plea has been taken by the respondents that the premature retirement of the petitioner is governed by the Himachal Pradesh Civil Services (Premature Retirement) Rules, 2022, which do not provide for withdrawal of a notice for retirement, but same also do not bar the appointing authority from reconsidering the matter on an application of employee for withdrawal of notice for premature retirement.”
The court observed that the retirement withdrawal request was given before the effective date of retirement.
The court noted that as per Rule 43(6) of the CCS Pension Rules, 2021, an employee may withdraw the notice of voluntary retirement however only with the approval of the competent authority.
It noted that the withdrawal request was given before the retirement date, and thus, there was no valid reason to reject it. It held, “The date of actual retirement is the key factor and not the date of acceptance of notice. It is further held that if there is a change in circumstance after submission of notice of withdrawal, competent authority, while considering request for withdrawal of notice for retirement, should exercise such discretion judiciously.”
The Judgement
The court also held that “The appointing authority has no discretion to refuse withdrawal if the request is made before the notice period lapses and before retirement has actually 8 taken effect.”
The court quashed and set aside the impugned order and directed the authorities to allow the petitioner to join the service. It said that the petitioner is not eligible for the monetary benefits for the period she did not work but that period will be considered to ascertain her seniority.
