Employee Can Withdraw Request for Voluntary Retirement Any Time : Delhi HC

Cancellation of Bail

Employee can withdraw request of voluntary Retirement before its Acceptance, this issue has been decided by Delhi High Court. The Hon’ble Delhi High Court held in the case of Poonam Garg Vs. IFCI Venture Capital Funds Ltd. through its MD & Ors that Employee can withdraw request for voluntary retirement any time before its acceptance. It is observed in many Govt. departments that employees submit their request for voluntary retirement on personal reasons before completion of their engagement or superannuation. But later on they change their mind to withdraw their request of voluntary retirement. In this situation competent approving authority may accept his / her request or reject it also. But if the request of withdrawal is submitted before approval or acceptance then such request should be accepted as the Delhi High Court observed in the above case.

The Delhi High Court’s observation is follows : –

…Similarly, the decision in New India Assurance Co. Ltd. (supra) only reiterates the settled principle that when voluntary retirement is governed by a contractual scheme, the general principles of contract and the provisions of the Indian Contract Act, 1872 would apply; therefore, an application for voluntary retirement is an offer by the employee and anytime before its acceptance, the employee would be entitled to withdraw the same. Thus, I find that these decisions, instead of forwarding the case of the respondents, support the petitioner‟s case as she is also praying that the respondent be bound by the terms of its own Regulations as also their own alleged acceptance order dated 08.06.2019 which clearly stated that her retirement would be effective only w.e.f. 07.09.2019 and she was, therefore, entitled to withdraw her request for voluntary retirement.

26. For the aforesaid reasons the writ petition is entitled to succeed. Consequently, the impugned order dated 04.07.2019 rejecting the petitioner‟s request for withdrawal of her application for voluntary retirement is quashed. The respondents are directed to treat the petitioner to have validly withdrawn her request for voluntarily retirement. As the petitioner has continued to be in service even after 07.09.2019, the respondents are directed to grant her all consequential benefits by treating her to be in continuous service.

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