Judgment:
Dr.K.B.S. Rajan, Judicial Member
The applicant, who joined the respondents' organization on 26th October, 1989 had sought permission to retire prematurely vide his letter dated 30th May 2009, requesting that he be relieved w.e.f. 01-11-2009. Under the CCS(Pension) Rules, permission is required for such pre-mature retirement. The respondents through Annexure A3 order informed him that under Rule 48-A, such application could be submitted with three months' notice only after the individual completes 20 years of service and since the applicant as on the date of application did not complete 20 years, he should submit fresh application after completing 20 years of service. The applicant again represented for such permission, vide letter dated 14th September, 2009 at Annexure A4 and the response in respect of this representation is the same as in the previous order, as the said period of 20 years had not been completed as on the date of application. The applicant has been on leave since beginning of November, 2009. He has filed this O.A. seeking the following reliefs:-
(a) Issue an order setting aside Annexure A3 and A5 orders.
(b) Declare that the applicant is entitled for voluntary retirement benefits as per Rule 48 A of the CCS Pension Rules.
2. Respondents have contested the O.A. citing Rule 48-A. The said rule reads as under:-
"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, by giving notice of not less than three months in writing to the appointing authority, retire from service.
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(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.
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(3-A) (a) A Government servant referred to in sub-rule (1) may make a request in
writing to the appointing authority to accept notice of voluntary retirement of less than three months giving reasons therefor;
(b) On receipt of a request under clause (a), the appointing authority subject to
the provisions of sub-rule (2), may consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months on the condition that the Government Servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months."
3. Counsel for the applicant submitted that the physical condition of the applicant is such that he cannot attend the office, much less would be in a position to perform his work to the satisfaction of the authorities. Under such circumstances, it would be only appropriate that the respondents consider the case of the applicant sympathetically and accord approval for premature retirement on completion of 20 years of service, with necessary waiver of notice period by invoking the power to relax available under the Pension Rules.
4. Respondents' counsel was advised to ascertain the extent of leave at the credit of the applicant. Accordingly, his instructions are that the applicant has 37 days leave at credit. However, as per the counsel for the respondents, the applicant has to make proper application in regard to leave.
5. From the facts and circumstances, it is clear that the applicant is reluctant to serve any longer the respondents, may be on health ground. He has completed 20 years of service as of 25th October, 2009 and the technical formalities of application and notice period remain to be completed. Provision exists for waiver of notice period. There is not much of use in retaining an unwilling worker. (See para 4 of judgment of the Apex Court in J.K. Cotton Spg. and Wvg. Mills Ltd. v. State of U.P., (1990) 4 SCC 27)
6. Thus, in case the applicant makes due application for leave at his credit and also requests the authorities to treat the leave period as notice required under the Rules, the authorities may consider the same sympathetically and consideration be given for waiver of the deficient period of notice reckoned from 26th October, 2009 till the date of expiry of the leave. However, in order to receive necessary order of retirement, in the event of the issue of the same by the competent authorities, the applicant shall be present in the office on the working day following the day on which his earned leave expires. The consequence of such retirement shall follow as per rules. No cost.