Dr. Vijay Kumar vs Union Of India And Ors

L. Narasimha Reddy, J

The applicant is in the service of Ministry of Health and Family Welfare. He intended to seek voluntary retirement by submitting an application on 04.01.2018. The applicant invoked Rules 48 and 48-A of Central Civil Service (Pension) Rules, 1972, and Fundamental Rule 56. He mentioned that he completed more than 30 years of service. He contends that since the respondents did not either accept or reject the application seeking voluntary retirement within the period stipulated therein, it is deemed to have been accepted, as per Rule 48-A. He claims relief on this behalf.

We heard Shri Nilansh Gaur, learned counsel for the applicant and Shri Krishna Kumar, learned counsel for the respondents.

During the course of arguments at admission stage itself, it was pointed out that Rule 48 applies in the cases where the employee had completed 30 years of service whereas Rule 48-A applies where the employee completed 20 years of service, and once it is mentioned in the Application that the applicant had completed 30 years of service, there is no way Rule 48-A can be invoked.

This issue assumes significance in view of the fact that while Rule 48-A contains a provision for deemed acceptance, Rule 48 does not. When this is pointed out, learned counsel for the applicant sought permission of the Tribunal to withdraw the OA with liberty to file a fresh Application seeking voluntary retirement. We accord permission and dismiss the OA as withdrawn. There shall be no order as to costs.