Voluntary Retirement Can Be Withdrawn Before Its Date, but Writ Court Cannot Order Unsought Reinstatement: Rajasthan High Court

An Assistant Commercial Taxes Officer due to superannuate on 31.07.2017 sought voluntary retirement under Rule 50 of the Rajasthan Civil Services (Pension) Rules, 1996 (para 2). His retirement date of 31.07.2014 was extended to 31.10.2014 at his request (paras 2, 6). On 29.10.2014 he sought a further six-month extension; on 30.10.2014 the State rejected it and retired him from 31.10.2014 (paras 2, 7). His writ petition challenged only that order (para 20). On 25.01.2017 a Single Judge quashed it and directed reinstatement, with intervening benefits only for pension; both sides appealed (paras 2, 7).

Rule 50 lets a government servant with fifteen years' qualifying service retire on three months' notice, requires acceptance by the appointing authority, and allows withdrawal with its approval if sought before the intended date (paras 8-9). Since acceptance is required, the servant may withdraw before acceptance (para 11). Following the Constitution Bench in Gopal Chandra Misra, a resignation meant to take effect from a future date can, absent a legal, contractual or constitutional bar, be withdrawn before that date (paras 13-14). The officer's request of 29.10.2014 came before 31.10.2014 (para 15). The Rules do not provide for extension, but that does not prohibit such a request, and his not using the word 'withdrawal' did not matter when he plainly did not want the retirement to take effect (para 16). The Single Judge rightly quashed the order of 30.10.2014 (para 18). But the writ petition sought only to set that order aside, not reinstatement (para 20). Under Bharat Amaratlal Kothari and Naseer-Ud-Din Wani, a constitutional court should not grant relief that was never sought, so the reinstatement direction was set aside (paras 21-22).