Mrs. Ranjana Sondhi vs State Of Nct Of Delhi And Anr.

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) No.3048/2013

%                                                    10th December, 2013

MRS. RANJANA SONDHI                                       ..... Petitioner
                 Through:                Mr. Prem Prakash, Advocate.


                          Versus


STATE OF NCT OF DELHI AND ANR.               ...Respondents
                  Through: Mr. V.K. Garg, Advocate for
                            respondent No.1.
                            Mr. Pankaj Mehta, Advocate for
                            respondent No.2.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

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


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 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
     Co-operation (ITEC) Programme of the Ministry of External Affairs
     and other aid programmes.
       (ii) posted abroad        in   foreign   based    offices      of   the
     Ministries/Departments,
        (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:


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         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

W.P.(C) No.3048/2013                                    Page 3 of 4
 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 W.P.(C) No.3048/2013 Page 4 of 4