Delhi High Court
Mrs. Ranjana Sondhi vs State Of Nct Of Delhi And Anr. on 10 December, 2013
Author: Valmiki J. Mehta
* 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
W.P.(C) No.3048/2013 Page 1 of 4
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:
W.P.(C) No.3048/2013 Page 2 of 4
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
