Ranjana Sondhi v. State of NCT of Delhi and Anr.

1. By this writ petition, petitioner seeks the relief of quashing of the letter dated 3.4.2013 issued by the respondent no.1/Director of Education. The letter dated 3.4.2013 is a show cause notice issued to the respondent no.2/school by the respondent no.1 seeking explanation as to how the respondent no.2 could continue the services of the petitioner after the request of the petitioner for seeking voluntary retirement by her letter 2013:DHC:6360 dated 1.12.2011 was accepted on 21.1.2012. The request for withdrawal from resignation was made much later by the petitioner on 18.4.2012.

2. Since the respondent no.2/school is an aided school, issue of voluntary retirement of such employee/teacher of such a school, will be governed by Rule 48-A of the CCS Pension Rules and sub-Rules 1,[2] and 4 of the same are relevant and the same are accordingly reproduced as under:- “Rule 48-A. Retirement on completion of 20 years’ qualifying service (1)At any time after a Government servant has completed twenty years’ qualifying service, he may, be giving notice of not less than three months in writing to the Appointing Authority, retire from service. Provided that this sub-rule shall not apply to a Government servant, including scientist or technical expert who is-

(i) on assignments under the Indian Technical and Economic

(ii) posted abroad in foreign based offices of the

(iii) on a specific contract assignment to a foreign Government, unless, after having been transferred to India, he has resumed the charge of the post in India and served for a period of not less than one year. (2) The notice of voluntary retirement given under sub-rule (1) shall require acceptance by the Appointing Authority: Provided that where 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. (4) A 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 before the intended date of his retirement.”

3. A reading of the aforesaid sub-Rules of Rule 48-A of the CCS Pension Rules show that voluntary retirement is deemed to be accepted after three months of giving of the application for voluntary retirement, if in the meanwhile there is no refusal to grant voluntary retirement. Sub Rule (4) makes it clear that though there can be withdrawal of the notice seeking voluntary retirement with the specific approval of the competent authority, however such a withdrawal must necessarily be made before the intended date of retirement i.e before the end of three months period as specified in sub Rule 1.

4. In the present case, the admitted facts are that the petitioner’s application seeking voluntary retirement dated 1.12.2011 was accepted by the managing committee of the school on 21.1.2012 and the notice period of three months stood completed on 1.3.2012. Petitioner sought withdrawal of voluntary retirement only after the period of three months i.e on 18.4.2012. Accordingly, in view of the aforesaid quoted sub-Rules of Rule 48-A of CCS Pension Rules there cannot be withdrawal of the request for voluntary retirement after a period of three months.

5. Counsel for the petitioner states that petitioner was working with the respondent no.2/school from April, 2012 and therefore it is prayed that petitioner be given salary. In this regard I observe that if petitioner has worked with the respondent no.2/school, although without the approval of the Director of Education/respondent no.1, then, the petitioner can claim salary for the period she has worked with the respondent no.2/school however finances for such payment will be made available by the respondent no.2/school and not the respondent no.1.

6. Writ petition is accordingly dismissed, subject to aforesaid observations.

DECEMBER 10, 2013 VALMIKI J. MEHTA, J. Ne