Bhuppinder Singh v. National Inst. Of Pharmaceutical Edu. & Research And ANR
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1 ,:1- < 1 != 48A. 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 : Provided that this subrule 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 A/airs and other aid programmes.
(ii) Posted abroad in foreign based o0ces of the Ministries/Departments. (iii) On a speci4c 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 subrule (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 speci4ed in the said notice, the retirement shall become e/ective from the date of expiry of the said period.
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30. It is clear from subrule (2) of the Rule that the appointing authority is required to accept the notice of voluntary retirement given under subrule (1). It is open to the appointing authority to refuse also on whatever grounds available to it but such refusal has to be before the expiry of the period specified in the notice. The proviso to subrule (2) is clear and certain in its terms. If 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 sought for becomes effective from the date of expiry of the said period. In this case, admittedly, the appointing authority did not refuse to grant the permission to retirement to Nikka Ram before the expiry of the period specified in the notice dated 5.12.1994. The learned senior counsel for the respondent argued that the acceptance of voluntary retirement by appointing authority in all cases is mandatory. In the absence of such express acceptance the Government servant continues to be in service. In support of this submission, he drew our attention to Rule 56(k) of Fundamental Rules.
He also submitted that acceptance may be on a later date, that is, even after the expiry of the period specified in the notice and the retirement could be effective from the date specified in the notice. Since the proviso to subrule (2) of Rule 48A is clear in itself and the said Rule 48A is selfcontained, in our opinion, it is unnecessary to look to other provisions, more so in the light of law laid down by this Court. An argument that acceptance can be even long after the date of the expiry of the period specified in the notice and that the voluntary retirement may become effective from the date specified in the notice, will lead to anomalous situation.
Take a case, if an application for voluntary retirement is accepted few years later from the date specified in the notice and voluntary retirement becomes operative from the date of expiry of the notice period itself, what would be the position or status of such a Government Servant during the period from the date of expiry of the notice period upto the date of acceptance of the voluntary retirement by the appointing authority ? One either continues in service or does not continue in service. It cannot be both that the voluntary retirement could be effective from the date of expiry of the period mentioned in the notice and still a Government servant could continue in service till the voluntary retirement is accepted. The proviso to subrule (2) of Rule 48A of the Rules does not admit such situation.
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Average Emoluments Average emoluments shall be determined with reference to the emoluments drawn by a Government servant during the last 1[ten months] of his service.
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Sham Whether speaking/reasoned :Yes/No Whether reportable :Yes/No